Thanks to Sentencing Law & Policy: PBS Frontline has been giving lots of attention to criminal justice systems this fall. . . . This week Frontline will broadcast a new documentary "The Confessions," which examines the case of the "Norfolk Four" involving a quartet of Navy men who were wrongfully…
Court-Martial Trial Practice Blog
Ramrod Five/Stryker Brigade sitrep
Lexington Herald-Leader reports: Staff Sgt. Calvin Gibbs’ big talk about killing Afghan civilians and getting away with it made him stand out when he joined a new platoon at an Army base in southern Afghanistan a year ago, according to written statements from his comrades. Some of his Stryker platoon…
Up periscope
Navy Times reports: The former executive officer of an amphibious ship that lost a sailor during a 2009 small-boat operation that went awry was found not guilty of negligence by a six-member military jury here Friday night. Seattle Times reports: Staff Sgt. Calvin Gibbs, a squad leader in a platoon…
Yes, a LTC Lakin post
Here courtesy of Obama Conspiracy Theories is the Congressional Research Service legal opinion on, well . . . . . . .. Members of Congress Memo–What to Tell Your Constituents in Answer to Obama Eligibility Questions
Up periscope-USS SAN ANTONIO trial
Pilotonline reports that the court-martial for the former XO of the USS SAN ANTONIO is underway at Norfolk. Navy Lt. Cmdr. Sean Kearns’ court-martial on a charge of negligence in his duties as executive officer of the ship San Antonio began Monday – but he’s not the only one on…
A quick reminder for “documents” cases
My good friend Bill Cassara and I have done a lot of BAH/TCS fraud cases at court-martial under the UCMJ over the years. Typically the case involves a lot of documents from DFAS. The prosecution then calls a witness from DFAS to lay a foundation for the documents and then…
Collateral consequences
A reader on Military.com asks this question: Q: I’m 18 years active duty with the US Navy. I was an E-6 from 2000–2009 but got busted for UCMJ violation to E-5. I fall under the High-3 plan for retirement and a lot of my friends are saying that when I…
LCMJ
Here is an upublished opinion in the Court of Appeals, First Circuit, State of Louisana, in State v. Davis. Note, this case was a court-martial tried under the Louisiana Code of Military Justice (a National Guard case). La. R.S. 29:101-242, applies to all members of the state military forces when…
former SGM McKinney
NBC Washington reports: Manassas resident Gene McKinney, 59, was arrested last week and charged with attempted malicious wounding for an incident that happened in Pentagon City on October 25. McKinney allegedly picked up commuters from a slug line that Monday morning. He was driving north toward Washington when his passengers…
Wuterich sitrep
Mercury News is reporting that United States v. Wuterich is delayed until 24 January 2011, pending a resolution of their issue of defense counsel representation. AP reports the same, as does The Canadian Press.