The accused is charged with indecent assault on a complaining witness and rape on another complaining witness. Member: Sir I’m the unit victim advocate. Individual voir dire continues blah, blah, blah. Def: The defense objects on implied bias and liberal grant mandate. MJ: Explain why please. Def: Blah, blah, blah. TC: The government objects to…
Continue reading ›There’s been lots of litigation about SORNA. But now, courtesy of Sentencing Law & Policy we learn that DOJ has some recommendations for amending SORNA. You will be interested to know that this morning the U.S. Department of Justice issued proposed supplemental guidelines modifying several requirements for compliance with SORNA. Many address concerns raised by…
Continue reading ›safeguardourconstitution reports that: “Obama Administration unleashes Army lawyers instead of releasing birth certificate.” This is shameful hyperbole and utterly incorrect. LTC Lakin is alleged to have committed offenses in violation of the UCMJ. The conduct alleged cuts to the very heart of military requirements of obedience to orders, fidelity to the oath of office, and…
Continue reading ›Safeguardourconstitution reports that the Article 32, UCMJ, hearing is scheduled for 11 June 2010. The report links to a letter to MAJ Kemkes (a great TDS lawyer from Fort Myer) granting a delay of the hearing from 6 May to 11 June. LTC Driscoll, a lawyer, is the IO. The use of non-lawyers as IO…
Continue reading ›KVUE.com reports that: The attorney representing the accused gunman in the 2009 Fort Hood shootings says the Army is holding back important evidence in the upcoming Article 32 hearing. Attorney John Galligan says he needs court documents, including Major Nidal Hasan’s FBI files, to gain more insight into his mental state in the months leading…
Continue reading ›There has been quite a bit of discussion recently of waiving appellate review as part of a pretrial agreement. Here is a timely article from the ABA about this important topic (thanks to Sentencing Law & Policy for the link). Ellis & Bussert, Stemming the Tide of Postconviction Waivers, 25 (1) Crim. Justice, Spring 2010,…
Continue reading ›The advice to an accused about sexual offender registration is complicated. Cases such as Williams v. Lee and Keathley, No. ED 93827, from the Court of Appeals of Missouri, Eastern District, Division Five, decided May 4, 2010. This is a retroactivity case. On February 5, 2000, Williams pled guilty in a military tribunal to one…
Continue reading ›United States v. Roach has been returned to AFCCA for a second time. Initially the case was sent back because appellant’s case was decided before his counsel submitted a brief, and because the chief judge on his panel had made some public comments relating to the case. This time the case goes back because the…
Continue reading ›Allen v. United States Air Force, No. 08-3450 (8th Cir. 7 May 2010). Joseph Allen served in the United States Air Force (Air Force) for more than twenty years, from January 14, 1985, until September 30, 2006, when he voluntarily retired and received an Honorable Discharge. During his service, on February 18, 2004, the Air…
Continue reading ›Blogger Rainier4311 has a piece on LTC Lakin which is critical of Anderson Cooper’s interview. Regardless of the merits of the interview, the piece contains some interesting and uninformed comments on the military legal system. This Article 138 discovery process must be done. LTC Lakin now has the right to discovery based on the Articles…
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