They will get you under Article 134, UCMJ. Appeals Court Frees Ex-Principal: Panel rules that altered photos were not child pornography because the nude bodies were those of an adult. A three-judge panel of the Second District Court of Appeal in Lakeland ruled Friday that photographs he had were not…
PTA provisions depriving an appellant of parole and clemency consideration under generally applicable procedures are unenforceable under R.C.M. 705(c)(1)(B). United States v. Tate, 64 M.J. 269, 272 (C.A.A.F. 2007).
The big news in the presidential pardons world is that President Obama has finally granted nine pardons. Pardon Power blog reports: 682 days into his presidency, Barack Obama has finally discovered the clemency power by granting 9 pardons. One of the nine is a military case from 1994 in which…
Everyone remembers Pierce and Pierce credit – right. DMLHS at CasaCAAFLog has found this interesting opinion from the federal district court. This case is before the court on defendant’s motion to dismiss (no. 6). At issue is whether the United States government, consistent with the constitutional requirement of due process,…
Here is a new piece of information from wing nut daily: Lieutenant Colonel Terrence Lakin, a distinguished Army flight surgeon, is "certain" to be convicted of disobeying orders, according to his lawyer, Neil Puckett. Notice he does not apparently address the missing movement. Maybe the “specific” movement issue is a…
CAAF has decided three cases, Blazier of course being one of them. I was the trial defense counsel in the case so no comment from me on the case so far. Here is the brief for petitioner in Bullcoming v. New Mexico. Professor Friedman has posted this at his excellent…
An important change to the Federal Rules of Evidence begins today. That means, absent Presidential action, the rule will take affect in the military no later than 18 months from now. This is a significant change requiring the prosecution to corroborate statements against penal interest. On December 1, 2010, a…
The Supremes will here an important FOIA case today, Milner v. Dept. of the Navy. Here is a link to the SCOTUSBlog information.
A thought as we get closer to trial. As the Greeley Gazette article and the current postings at such places as PostandEmail, safeguardourconstitution, and wing nut daily, demonstrate there is a great deal of criticism about Judge Lind. Some of that criticism has been harsh and excessive. Other than a…
As trial approaches the Greeley Gazette has an article part of which notes that the case is now something of a comedy routine on the late night shows. Apparently being the focus of a skit on SNL adds merit. LTC Lakin’s brother Greg is a lawyer as well as a…