A number of opinions have come from NMCCA and AFCCA. Here’s an NMCCA opinion of interest in United States v. Mokgoatsane. The military judge returned from deliberations, awarding the sentence supra, followed by a “formal recommendation” on the record to the CA that an examination pursuant to R.C.M. 706 be…
Court-Martial Trial Practice Blog
Up periscope–PM edition
Navy Times reports: Two midshipmen were expelled from the Naval Academy on Tuesday for use or possession of synthetic marijuana, the academy confirmed Thursday. That brings the total number of mids expelled this year for spice to 15. There is an ongoing dispute about how the Navy calculates “good time”…
Truck stops
The Schriever (AFB) Sentinel reports: On the heels of the Drug Enforcement Administration’s temporary nationwide ban on the drug known as Spice, another synthetic substance designed to produce a legal high has hit convenience stores, truck stops and Internet websites. Packaged as "bath salts" or "plant food," these products contain…
CAAF garden party
Yesterday, CAAF held its annual end-of-term soiree. Chief Judge Effron and Judge Erdmann were in attendance as were many of the military appellate counsel and members of staff. I am advised that they have about 24 more opinions to be published (Fosler and the trailer park count as one). And…
Up periscope–AM edition
Pilotonline reports: The court-martial of a Navy reservist accused of trying to sell classified documents is set to begin today at Norfolk Naval Station. Stars & Stripes reports: Navy captains and commanders have a little more time to decide whether to voluntarily retire by September 2012, or instead face an…
Flash – Sailor pleads guilty
Navy Times reports: A Navy sailor has pleaded guilty to attempted espionage for trying to sell classified documents to someone he believed was a Chinese intelligence officer.
Worth the Read
Seizure and Search — (And I think this includes computers that are password protected.) Jones on Closed Containers and Apparent-Authority Consent Brian Jones has posted Keep Closed Containers Closed: Resolving the Circuit Split in Favor of Individual Privacy (Iowa Law Review, Vol. 97, November 2011) on SSRN. Here is the…
CAAF decides Savala
CAAF decided United States v. Savala today. I represented him at trial. I also represented him on appeal to the NMCCA and CAAF. This was a case I did on appeal pro bono.
Up periscope
fayobserver.com reports: A sailor who officials say was caught trying to sell government secrets while attending training on Fort Bragg is set to go on trial later this week. Apparently he waived his 32, a PTA in the offing? Marine Corps Times has a short piece on “sexting:” It’s called…
More on USACIL
USACIL also does computer forensics. So today I get a call on a case (not mine), a forensic examiner. USACIL used a particular item to image the drive in a current case. Unfortunately they can’t explain why the report shows the same numbers that obviously come from another case. It’s…