Articles Posted in usdb

We’ve seen this before
Philip D. Cave

In a court-martial under the court-martial UCMJ setting, can a PTA bind the prosecution/convening authority to something he or she has no control over — generally the conditions of confinement. There’s a teachable moment here for the court-martial practitioner. Air Force Times reports: The attorney for a former al-Qaida cook said Monday that the government…

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Post-trial
Philip D. Cave

Army Times reports. A regional prison is opening at Fort Leavenworth, combining the operations of military prisons elsewhere in the United States. The Joint Regional Confinement Facility will be operated by the Army Corrections Command. It’s located on the northeast Kansas post near the U.S. Disciplinary Barracks, the military’s maximum-security prison. Dedication ceremonies were scheduled…

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Up periscope
Philip D. Cave

Military.com reports that: A Davis-Monthan airman is on trial in military court this week over allegations that he ran a fraudulent Russian bride ring, arranging sham marriages for money with members of the military so the foreign women could obtain legal status in the U.S. The Record-Courier reports on the Davila case: Family members of…

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Fricke dead, case still good law
Philip D. Cave

Navy Times reports: A former Navy officer who was serving time for hiring someone to kill his wife was killed in a Kansas military prison a month before he was supposed to be released. Officials at Fort Leavenworth say 54-year-old former Navy Lt. Cmdr. Michael Fricke was beaten with a baseball bat by another inmate…

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Post CAAF
Philip D. Cave

Garcia v. Commandant, USDB, No. 10-3027 (10th Cir. May 27, 2010). Fernando Garcia was convicted after a guilty plea before a general court martial. He then sought habeas relief in federal district court pursuant to 28 U.S.C. § 2241, arguing that the military appellate courts failed to afford him adequate review of his Fourth Amendment…

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