What do you do, if anything, if your client confesses to a crime for which he is not charged, but someone else is, or where someone else has already been convicted. Not a common practice in the military, or is it. What about the multi-accused drug case for example? Here’s…
Court-Martial Trial Practice Blog
Up periscope
Army Times reports that: The intelligence analyst suspected of illegally passing government secrets to the WikiLeaks website has been found competent to stand trial, the Army said Friday. And of course the Daily News reports he’s no longer in “solitary.” Law.com has this interesting piece about the “struggle” courts have…
CAAF decides Arriaga
In United States v. Arriaga, CAAF holds that housebreaking is an LIO of burglary (an alternate argument was that even if the HB was an LIO, they MJ erred in instructing on the offense because it wasn’t raised by the evidence), and that appellant was denied a “speedy” post-trial review.…
CGCCA on ‘fleeing the scene of an accident’
In United States v. Gubitosi, the Appellant was convicted of one specification of unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of drunken operation of a vehicle, in violation of Article 111, UCMJ; and one specification of underage drinking, one specification of using…
Following the CO/XO travails
Navy Times reports: The former executive officer of a Mayport, Fla.-based destroyer pleaded not guilty to multiple counts of assault, wrongful sexual contact and other charges during an arraignment Wednesday at Naval Station Mayport, according to Naval Surface Force Atlantic. Prior links here and here.
Another Navy CO–gone
Military.com reports: The commander of a guided-missile destroyer has been relieved of command while the Navy investigates allegations of misconduct. The San Diego-based Third Fleet says Cmdr. Jay Wylie of the USS Momsen was relieved Wednesday due to “loss of confidence in his ability to command.” He was reassigned to…
S. O. Registration
Here’s an interesting report from the National Institute of Justice. The writers find that SOR has little effect on the rate or recidivism of sex offenders in New Jersey. They reference, The New Jersey study report Megan’s Law: Assessing the Practical and Monetary Efficacy is available at: http://www.ncjrs.gov/pdffiles1/nij/grants/225370.pdf. Sex offense…
Up periscope 148
Navy Times reports: Two sailors assigned to the naval hospital at Camp Lejeune, N.C., are being described as “persons of interest” in a child molestation and child pornography investigation that has netted a local woman on charges that include the molestation of her 5-year-old niece.
Untested sexual assault evidence
Yes, I got my copy of the NIJ Journal, so here’s another interesting article available on the web. Solving the Problem of Untested Evidence in Sexual Assaults, by Nancy Ritter.
Fingerprints
The National Institute of Justice has now put The Fingerprint Sourcebook, by the Scientific Working Group on Friction Ridge Analysis, Study and Technology (SWGFAST), et al., March 2011, Chapters 1, 4 – 8, 10 – 13, and 14 – 15 on line. It appears that the remaining chapters will be…