Articles Posted in UCMJ

LTC Lakin sitrep – more “huge news”
Philip D. Cave

The APF website is back up! The American Patriot Foundation is pleased to announce that LTC Lakin has repositioned his forces, has retained new legal counsel, and is extremely grateful that the Foundation will be dedicating the critical next few weeks before his planned court-martial on November 3-5, to focusing entirely on public affairs, strategic…

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NMCCA unpublished op. on “immunity”
Philip D. Cave

United States v. Sagona, sentenced at court-martial on 8 May 2008, appeal decided 30 September 2010. The issue was IAC of trial defense counsel who allegedly failed to investigate and advise on a potential defense of immunity. R.C.M. 704 covers the issues of immunity, tempered by case law. Basically only the GCMCA can grant immunity,…

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Instructions
Philip D. Cave

I posted yesterday on a new Army case dealing with instructions on an affirmative defense in a court-martial under the UCMJ. Today I’m posting on United States v. Ramon, an unpublished opinion from the NMCCA dated 28 September 2010. In his sole assignment of error, the appellant alleges that the military judges erred in failing…

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Prosecutorial misconduct
Philip D. Cave

On 23 September 2010 USA Today published a front page piece about federal prosecutors. Federal prosecutors are supposed to seek justice, not merely score convictions. But a USA TODAY investigation found that prosecutors repeatedly have violated that duty in courtrooms across the nation. The abuses have put innocent people in prison, set guilty people free…

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New ACCA unpublished opinion
Philip D. Cave

United States v. Stanley. The appellant raised eight errors through counsel and an additional six in accordance with United States v. Grostefon. One assignment of error warrants discussion, but no relief. Specifically, appellant alleges that the military judge erred by failing to properly instruct the panel regarding appellant’s right during mutual combat to exercise self-defense…

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Post-trial and SOR
Philip D. Cave

Daily Commercial reports: To police Chief Ed Nathanson, it doesn’t matter where you’ve been convicted as a sex offender or predator. It only matters that you’ve been convicted. So, if you are convicted out of state or in a court martial, your conviction still counts in Lady Lake, and you have to register as a…

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LTC Lakin sitrep 9
Philip D. Cave

NIMJ was able to send Charlie Fowler to monitor todays Article 39(a), UCMJ, session. 1. Trial is continued until 4 November 2010 from 13 October 2010. Not sure of the reason. It appears Mr. Jensen asked the judge to hold the case “in abeyance” pending resolution of an (untimely?) writ which has been filed with…

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LTC Lakin sitrep 8
Philip D. Cave

WorldNetDaily reports: Disagreement arose todday among supporters of Lt. Col. Terrence Lakin, the Army doctor facing military court-martial for refusing orders to deploy to Afghanistan after questioning Barack Obama’s constitutional eligibility to be president. A group of retired military officers organized as the Veterans Council and the United States Patriot Union in Sheridan, Wyo., issued…

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Up periscope
Philip D. Cave

New York Times piece with a portion of video from Morlock’s confession. Washington Post on the Ramrod Five. A U.S. Army staff sergeant dreamed up a plan for fellow soldiers to kill three Afghan civilians this year because he was motivated by “pure hatred,” another soldier accused in the slayings has told investigators Here’s a…

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LTC Lakin sitrep
Philip D. Cave

It has been (fill in the blank) days since LTC Lakin has been denied some discovery and witnesses for his case. His website has been updated in one place to say “Judge To Rule On Defense Request,” but the breaking news column still has the old verbiage, “Judge to Rules On Defense Request.” Of course…

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