Articles Posted in UCMJ

Crawford – Melendez-Diaz – urinalysis
Philip D. Cave

Here is a case from federalevidence.com: Supervisor expert testified about his role in the peer review process; passing reference to the testing chemist’s conclusion did not violate the Confrontation Clause; circuit also distinguishes Melendez-Diaz v. Massachusetts, 557 U.S. __, 129 S.Ct. 2527 (2009), in United States v. Turner,” _ F.3d _ (7th Cir. Jan. 12,…

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Up periscope weekend edition – 170110
Philip D. Cave

A military court in Kuwait has convicted a third soldier in connection with the August suicide of 19-year-old Keiffer Wilhelm. Staff Sgt. Enoch Chatman of West Covina, Calif., received three months’ confinement and a written reprimand from the commanding general and was reduced two pay levels to a specialist. Chatman was among four soldiers charged…

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Police reports are not evidence
Philip D. Cave

Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth…matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, in criminal cases matters observed by police officers and other law enforcement personnel. In other words, police reports are not…

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Military suicides
Philip D. Cave

Statistics are starting to be released about suicides, primarily within the Army, showing increases in the numbers. I think it’s reasonably safe to assume that attempts as well as “gestures” have risen during that period of time. Eight years of war in Afghanistan and Iraq have etched indelible scars on the psyches of many of…

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Exchange, shoplifting, and medication.
Philip D. Cave

A lieutenant colonel said because he suffers from kleptomania he should not be court-martialed for shoplifting last year at Fort Benning, Ga. Lt. Col. Rodney Page, a 28-year Army veteran, admits to stealing $37 worth of challenge coins at the post exchange, but he blames the Army for mistakenly reducing medication he takes to curb…

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Soldier convicted and sentenced
Philip D. Cave

A Hohenfels-based soldier was sentenced to 8½ years in prison Thursday in a knife attack on a German family last summer. Racine, assigned to the 1st Battalion, 4th Infantry Regiment, was originally charged with one count of attempted premeditated murder, along with several lesser charges, according to the official Army charge sheet. But after the…

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Major Hasan update
Philip D. Cave

Defense Secretary Robert M. Gates said today that he has forwarded recommendations to the Army for disciplinary action against supervisors of the accused Ft. Hood shooter. The LA Times reports. The report recommends clarifying for unit commanders their responsibility in identifying people who could pose a threat. Unit commanders, according to the report, must become…

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Up periscope: 160110
Philip D. Cave

Larson said Hutchinson’s command did offer her child-care options when her plan fell through, but did not specify if those options included foster care, as was alleged by Courage to Resist. “So far, Spc. Hutchinson has chosen not to take advantage of any of those options,” Larson said. “A well-known veterans group was one of…

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CPT Bjork – Evergreen
Philip D. Cave

You’ll have seen various reports about the pending prosecution of CPT Bjork for allegedly ordering some Iraqi officers to shoot two Iraqi civilians (I have few here, and here). There is a report in The US Report. [T]he accusers are 3 former Iraqi police and a former Iraqi intel officer who are currently detainees in…

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Major Hasan update: 150110
Philip D. Cave

Reporting from Washington – Between five and eight Army officers are expected to face discipline for failing to take action against the accused Ft. Hood shooter, Maj. Nidal Malik Hasan, over a series of behavioral and professional problems in the years leading up to the November rampage. Reports the LA Times. No word on the…

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