Articles Posted in UCMJ

Birthers and de facto officers
Philip D. Cave

Oooops, even his own family appears to be dissing’ him according to this report from The Greeley Tribune. His Greeley relatives are putting distance between themselves and his birther campaign. Lakin’s father Frank told the Greeley Tribune Friday that his son’s video wasn’t representative of the family. “This does not reflect the opinions or the…

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Up periscope
Philip D. Cave

Gazette.com reports that: An Army prosecutor Tuesday opened the trial of an Iraq war veteran by accusing him of the “ultimate betrayal” — raping a comrade’s wife. Spc. Philip C. Vermeiren, 28, is accused of assaulting the woman early Oct. 31 during an alcohol-fueled party at the Fort Carson apartment she shared with her husband.…

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Forensic science?
Philip D. Cave

This is likely a duplicate post, but it’s worth it anyway. Here again is a piece from my old Crim. Law prof about forensics. Paul C. Giannelli (Case Western Reserve University School of Law) (University of Illinois Law Review, Forthcoming, Case Legal Studies Research Paper No. 2010-6) has posted Daubert and Forensic Science: The Pitfalls…

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SEAL case update
Philip D. Cave

Petty Officer Keefe’s trial is scheduled to commence in Iraq on 17 April 2010. Here is an excellent review, by Dwight “ML” Sullivan at CAAFLog on the political posturing, pseudo-lawyering, and plain gaffs about these cases. First SEAL prosecution imminent It is my recollection that I learned about the Know Nothing party in history 101.…

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Search & seizure
Philip D. Cave

Here’s a case from New Jersey of some interest, Stengart v. Loving Care Agency, Inc., 2010 N.J. LEXIS 241 (March 30, 2010). [W]e find that Stengart had a reasonable expectation of privacy in the e-mails she exchanged with her attorney on Loving Care’s laptop. Stengart plainly took steps to protect the privacy of those e-mails…

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Up periscope
Philip D. Cave

eNews Park Forest reports. Last August, Travis Bishop refused to serve in Afghanistan. Having filed for Conscientious Objector (CO) status, Bishop, based at Fort Hood, Texas, in the US Army’s 57th Expeditionary Signal Battalion, was court-martialed and sentenced to 12 months in a military brig. He was released from the brig today. Bishop served his…

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Supremes on Padilla v. Kentucky (and Denedo?)
Philip D. Cave

The Supreme Court has issued an opinion in Padilla v. Kentucky, which addresses the duty to inform a client of the collateral consequences of the conviction on their immigrant status. I have posted on this in connection with United States v. Miller, 63 M.J. 452 (C.A.A.F. 2006) and other cases: here, here, here, and here.…

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Off we go – another birther case
Philip D. Cave

Family Security Matters reports: A decorated active duty Army medical officer, Lieutenant Colonel Terry Lakin (selected for promotion to Colonel), is calling upon his chain of command and his Congressional delegation to force President Obama to release his original birth certificate. He is the highest ranking officer to go public over this controversy and in…

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