Articles Posted in UCMJ

Congressional action on forensic labs
Philip D. Cave

The American Academy of Forensic Sciences has made some recommendations to Congress for legislation to reform forensic laboratories that obtain federal funds directly or through an organization (such as DoD) that receives federal funding. Preliminary Outline of Draft Forensic Reform Legislation – 5/5/10. Thanks GR. In addition, Innocence Project announces that: The American Statistical Association…

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Up periscope WE 090510
Philip D. Cave

The Capital reports that: Standout slotback Marcus Curry, whose off-field behavior drew as much attention as his on-field exploits, has been dismissed from the Naval Academy football team. Curry was charged with an unauthorized absence for failing to be in his dormitory room in Bancroft Hall when required. The Capital reported in late January that…

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Martinez DP case
Philip D. Cave

New York Post reports that: If she can’t have justice for her slain soldier husband, she’d at least like a Purple Heart. New York widow Barbara Allen is battling the National Guard for withholding the military honor from her husband, who was killed in 2005 while serving in Iraq. The two men were allegedly the…

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LTC Lakin
Philip D. Cave

Obama Conspiracy Theories blog has this comment on the CNN LTC Lakin interview: Paul Jensen, tried to imply things that were false by clever irrelevancies and innuendo, but he told one outright whopper: In the state of Hawaii there’s a statute that allows anyone born outside the state of Hawaii, including in a foreign country,…

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LTC Lakin update
Philip D. Cave

LTC Lakin has made his CNN appearance. Courtesy of Dwight “ML” Sullivan and CAAFLog, here is a link. Like DMLS I found the comment about protecting the client somewhat odd in light of counsel’s apparent involvement in producing the video which has in effect become LTC Lakin’s public confession of an “intent” to refuse orders.…

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Crawford exception
Philip D. Cave

We’ve spent a lot of time over the last months addressing Crawford issues in the context of forensic reports. Let’s not forget that there are some exceptions to Crawford and confrontation. Professor Colin Miller writes about the co-conspirator “exception” to Crawford. In Crawford v. Washington, 541 U.S. 36 (2004), the Supreme Court held that the…

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Humor in uniform lawyering
Philip D. Cave

LTC Lakin has made his CNN appearance. His supporters are not happy, as this piece at World News Daily indicates. I found a humorous note in the article. The writer points out a typo in the charge sheet. “in support of Operation Enduring Freedom with the 32nd Calvary (sic) Regiment, 101st Airborne” The writer correctly…

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Interrogations
Philip D. Cave

Here is a new article on interrogation tactics. Davis & Leo on the “Sympathetic Detective” Interrogation Strategy Deborah Davis and Richard A. Leo (University of Nevada, Reno and University of San Francisco – School of Law) have posted Selling Confession: Setting the Stage with the ‘Sympathetic Detective with a Time-Limited Offer’ (Journal of Contemporary Criminal…

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CAAF decides ‘self-report’ case
Philip D. Cave

In United States v. Serianne __ M.J. ___ (C.A.A.F. 2010), CAAF affirmed NMCCA’s dismissal of a charge that Chief Serianne failed to inform his command of a civilian conviction. Here is a link to the en banc opinion on an Article 62(b) interlocutory appeal by the government in Serianne, at NMCCA. On its face the…

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LTC Lakin update
Philip D. Cave

World News Daily reports that LTC Lakin is scheduled to make another (potentially another) potential public confession: A U.S. Army officer challenging President Obama to document his eligibility to occupy to Oval Office will be telling his story to Anderson Cooper on his 360 program on CNN. The interview is scheduled to be broadcast from…

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