Ventura County Star has this posting. Aaron Sorkin’s “A Few Good Men” makes a few good points about military honor and justice. Sorkin, who also was the chief writer for TV’s lively “West Wing,” brought forth “Men” in 1989, when its issues were underscored by the possibility of global war.…
Court-Martial Trial Practice Blog
Up periscope – 260811
Nothing like being out for a few days, and a lot happens. Navy Times reports: CAPT Honors’ BOI recommended retention. The board did not elaborate on why it found Honors had committed those offenses but should remain in the Navy. The government had been asking that Honors be honorably discharged. …
CJ Roberts argues there are no “rights”
Well, that’s certainly the thrust of quite a bit of academic and other writings about how the “Roberts’ Court” approaches the Fourth, Fifth, and Sixth Amendments. Here is a piece within that group. Jonathan Witmer-Rich, Interrogation and the Roberts Court, 63 Fla. L. Rev. 1189 (2011)| PDF
Up periscope
Fairbanks Daily Newsminer.com reports: A general court-martial for a Fort Wainwright soldier accused of killing his wife begins this week. Spc. Aaron M. Rentfrow, 30, of Fort Wanye, Ind., faces charges of murder and kidnapping. The court-marital convened Monday morning and is expected to begin selecting a five-member panel of…
A Padilla follow-up
Professor Bergman notes a case from the Seventh. Interesting ruling today by a split Seventh Circuit panel today in Chaidez v. US, No. 10-3623 (7th Cir. Aug. 23, 2011) (available here), starts this way: In Padilla v. Kentucky, 130 S. Ct. 1473, 1486 (2010), the Supreme Court held that an…
I wonder
SimpleJustice blog has an interesting piece on the DSK rape case, and a link to the prosecution motion to dismiss. I wonder if Article 32, IO’s, and Government Representatives (TC) could be so conscientious in investigating a military rape allegation and then presenting it to the CA? As SJ notes,…
Way post-trial–whatever happened to . . .
United States v. Christian, 63 M.J. 205, 206 (C.A.A.F. 2006). This Court has granted review of two issues. The first issue for our consideration is whether life without eligibility for parole (LWOP) was an authorized punishment at the time Appellant committed the offense of forcible sodomy of a child under…
Up periscope
Navy Times reports: The number of people to be cut by this year’s two enlisted retention boards has dropped by more than 200, based on an Aug. 1 quotas update released by personnel officials. Perhaps they are making the numbers with misconduct separations. Navy Times reports: The former executive officer…
Context evidence and . . .
I have previously posted about “context testimony” usually from law enforcement officers to set the stage for why an investigation began. While not exactly addressing this issue, NMCCA has come close and has a useful discussion of how similar context evidence is not admissible. In United States v. Combest (an…
Law enforcement personnel records
The prosecution, often routinely, denies or fails to answer requests for derogatory information in the personnel records of law enforcement personnel involved in a case. Some cite United States v. Henthorn (note the NMCCA, in at least one court order, has noted that no military appellate court has ruled that…