WAVY.com reports: A NAVSEA commanding officer was relieved of his duties permanently Oct. 25 for violating Article 133 of Uniform Code of Military Justice, “displaying conduct that is unbecoming of an officer and a gentlemen,” according to a press release. While Navy Times reports: The former commanding officer of the…
Professor Friedman has posted several amicus filings for Williams v. Illinois. You can read the brief of the United States by clicking here. You can read the brief of 42 states, the District of Columbia, and Guam, all under the leadership of Ohio, by clicking here. The National District Attorneys…
Stars & Stripes reports: The Navy has thrown another skipper overboard. Cmdr. Joseph A. Nosse is the second commanding officer fired within a week — and the 20th this year. Army Times reports: The Army has trimmed 2 1/2 years off the 12 1/2-year prison sentence of a soldier with…
Marine Corps Times reports: Col. Jeffrey R. Woods was removed from his job Wednesday due a lack of confidence, according to a Marine Corps news release. The move was made by Maj. Gen. Peter Talleri, head of Marine Corps Installations Pacific. KCAW reports: The U.S. Coast Guard has brought criminal…
Here is a link to Vol. 76 Fed. Register 65062, of 19 October 2011. Comments on the proposed changes must be received no later than December 9, 2011, to be assured consideration by the JSC. A public meeting for comments will be held on November 17, 2011, at 10 a.m.…
Chism v. Washington. Here are a couple of clips. This was a case of a false search affidavit based on affirmative misrepresentations and material omissions. Our conclusion also finds support in the WSP’s training materials, which explain: Much, if not all, of the cyber-evidence (the E-mail addresses and IP addresses…
Navy Times reports: The commanding officer of a Bahrain-based logistics task force was fired for alleged misconduct, 5th Fleet announced Monday. Capt. David Geisler was relieved by Vice Adm. Mark Fox, 5th Fleet commander, “for a loss of confidence” in Geisler’s ability to command[.] The nature of the investigation and…
In United States v. McDonald, 55 M.J. 173 (C.A.A.F. 2001), the CAAF has held that the Sixth Amendment confrontation right does not apply at sentencing, but that the Fifth Amendment does. Here is an interesting case from the Supreme Court of Arkansas, Vankirk v. State, which applies the confrontation right…
Marine Corps Times reports: A Marine squad leader [Hutchins] who was convicted of leading troops to kill an Iraqi civilian will get a temporary release from prison to witness the birth of his second child. TheRepulic reports on United States v. Burke. I know we often take issue with the…
Here is a link to pending non-military criminal law cases at the Supremes, which may have an impact in military cases. Next set of potentially relevant oral arguments begin 31 October. Here are links to subsequent ‘actions,’ in some of the cases. Transcript of Maples v. Thomas, oral argument. Whether…