FayObserver reports.
A federal judge has granted a third request for additional time to file a brief in an appeal for Timothy Hennis.
Janes has a report on the USS SAN ANTONIO court-martial — Defect-ridden USS San Antonio should not have sailed, court martial told
NWA Online reports that:
A Little Rock Air Force Base airman lost his stripes Friday and was ordered to jail for a month after being found guilty of assault for whipping his stepdaughter with a belt and an extension cord, but the military court stopped short of kicking him out of the service.
KWCH News 12 reports:
The Air Force Court of Criminal Appeals has issued an opinion in United States v. Hull.
The issues on appeal are: whether the staff judge advocate (SJA) erred by advising the convening authority (CA), pursuant to Rule for Courts-Martial (R.C.M.) 1106, that no new trial was warranted and whether the CA erred by failing to order a new trial despite the SJA’s acknowledgement that the appellant had presented new evidence that fell within the parameters of R.C.M. 1210. Further, the appellant filed a petition for a new trial pursuant to Article 73, UCMJ, 10 U.S.C. § 873.
AFCCA denied relief on the merits of the appeal and denied a new trial. AFCCA reasoned that even if the information was newly discovered (AFCCA was not certain it could not have been obtained during pretrial preparations), the evidence would not,
This is the 12th day that APF, LTC Lakin’s support site, has failed to post the military judge’s findings and conclusions, and advertises as “Breaking News,” “Judge to Rules (sic) . . ..”
SFExaminer.com reports:
A Fort Stewart soldier charged with killing two members of his Army unit in 2008 is due back in court for a hearing on whether the military should pay for his defense team to travel to Iraq. . . . to interview Iraqi witnesses and investigated the crime scene.
Army Times reports that:
An Army captain from Colorado charged with killing two Iraqi civilians has been convicted of lesser charges in Iraq.
Military officials say Capt. Carl Bjork was found guilty of reckless endangerment and negligent homicide in a general court-martial on Tuesday. He was reprimanded and will lose a third of his salary for one year.
Allen v. United States Air Force, No. 08-3450 (8th Cir. 7 May 2010).
Joseph Allen served in the United States Air Force (Air Force) for more than twenty years, from January 14, 1985, until September 30, 2006, when he voluntarily retired and received an Honorable Discharge. During his service, on February 18, 2004, the Air Force initiated general court-martial proceedings against Allen, alleging that he took indecent liberties with a minor child and contributed to the delinquency of two minor children. The general court-martial trial began more than two years later, on March 21, 2006. Allen was convicted, and his sentence included a reduction in grade from Master Sergeant (E-7) to Senior Airman (E-4), significantly reducing his retirement benefits. Following the conviction, Allen filed a complaint against the Air Force and nineteen individuals in the District Court for the District of North Dakota, claiming that his Sixth Amendment speedy trial rights were violated. The district court[ 2 ] granted the Air Force’s motion for summary judgment. Allen appeals, and for the following reasons, we affirm. Allen also moves to supplement the record, and we deny his motion.
Following his conviction, Allen requested that the court-martial’s findings and sentence be set aside and that the charge and specifications be dismissed because the military judge should have granted Allen’s motion to dismiss for violation of his speedy trial or due process rights. In a memorandum, the Director of the Air Force Judiciary, Colonel Roberta Moro, acting pursuant to Article 69 of the UCMJ, reviewed the record of the court-martial, determined that no relief was warranted and declined to send the case to the Air Force Court of Criminal Appeals because the court-martial’s findings and sentence were supported by law. On September 30, 2006, Allen voluntarily retired from the Air Force and received an Honorable Discharge.
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.
Stars & Stripes reports.
Reversing an earlier decision, the Air Force said Monday it intends to discharge a lesbian Air Force officer who had remained in the military despite openly declaring her homosexuality.
An Air Force general earlier this year concluded that Lt. Robin R. Chaurasiya should not be discharged, saying she had declared her sexual orientation for the purpose of avoiding military service.
I’m not sure why, but it seems the Air Force must have a checklist of annual warnings. The official website makes one about prescription drugs, entitled: Prescription meds: Proceed with caution. The caution advises that misuse of prescription medications can result in disciplinary action, including court-martial.
When Airmen ignore inspecting their medicine cabinets they risk possible damage to their careers and, more importantly, can jeopardize their health.
This becomes a problem later if Airmen take prescribed medications after the prescription has expired.
Court-Martial Trial Practice Blog