Here’s Admiral Harvey commenting on the USS PONCE (LPD) case. Listed in a piece is a summary of the prior DFC’s this year: USS THE SULLIVANS– Multiple operational incidents culminating with a buoy collision that damaged the port screw while deployed. USS JOHN L HALL – Collision with a pier…
Court-Martial Trial Practice Blog
Mil. R. Evid. 412
Federalevidence blog notes the case of United States v. Cioni, __ F.3d __ (4th Cir. April 20, 2011) (No. 09–4321). This is a reminder of some limits placed on the application of Mil. R. Evid. 412. [T]he circuit found that the trial judge erred in applying the shield to a…
Quantico and NJP
Thanks to CAAFLog here is a magistrate judge opinion regarding some DUI cases at Quantico. Basically, the current practice at Quantico is that a military person who gets caught for DUI on base is offered NJP. After that, the SAUSA (a Marine JA assigned at Quantico) then prosecutes the case…
Up periscope
PFC Holmes is trying to follow in Wagnon’s footsteps, the Boise Weekly reports. I did see this as a little curious: A forensic pathologist testified for the defense today that photos of the victim’s body did not conclusively link shotgun wounds to Holmes’ machine gun. I would hope that to…
LTC Lakin update
The Greeley Gazette reports that LTC Lakin will be released to appellate leave on Saturday, 14 May 2011. Apparently he will arrive at BWI. Those desiring to greet Lakin at the airport are asked to pre-register with the action fund website. This will help them provide approximate counts to airport…
9th Navy commander fired
Navy Times reports: A senior officer deployed with the Carl Vinson Carrier Strike Group operating in the Arabian Sea was fired Saturday while an investigation looks into allegations of an “inappropriate relationship,” the Navy announced Monday. Capt. Donald Hornbeck, commodore of San Diego-based Destroyer Squadron 1, was relieved by the…
Up periscope
Navy Times reports more firings. The commanding officer and executive officer of a Norfolk, Va.-based amphibious ship were fired Saturday while the ship was on deployment in the Mediterranean, according to an announcement posted on the Navy’s website. Cmdr. Etta Jones, CO of the amphibious transport dock Ponce, was fired…
Collateral effects
NMCCA has decided United States v. Davenport. This is another case alleging IAC for failing to advise of a SOR issue. However, for me there’s another point in the case. The petitioner also alleged he was told his conviction at Special court-martial was not a felony. I have heard a…
Up periscope
Navy Times reports that: The former executive officer of a Mayport, Fla.-based cruiser is being court-martialed for alleged sexual assault, assault and sexual harassment, a Navy spokesman said Friday. AP reports that SPC Wagnon, one of the Stryker Brigade accuseds is being released from pretrial confinement. The Republic reports that: …
Confrontation
David H. Kwasniewski, NOTE: Confrontation Clause Violations as Structural Defects, 96 CORNELL L. REV. 397 (2011). The writer argues that some Crawford violations should be treated as structural defects in the trial and not subject to the Van Arsdell harmless error analysis.