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…
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…
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.
The up and down case of United States v. Hayes, has been decided again by NMCCA. Appellant has gained a new sentencing hearing because the NMCCA is convinced the judge was not impartial when adjudging a sentence. This is another one of those cases which arose because of comments during…
United States v. Moore, decided 28 October 2010. Appellant alleges, inter alia, that assault with intent to commit rape is not a lesser-included offense of rape under United States v. Jones, 68 M.J. 465 (C.A.A.F. 2010) and that his conviction should be set aside. We agree, and provide relief in…
Air Force Times reports: Military officials say a survey of U.S. troops and their families is finding that a majority don’t care whether gays are allowed to serve openly and think “don’t ask, don’t tell” could be done away with.
Clemency – done. Appeal – done. Depending on the forum – Upgrade – done. No, there is no expungement of a conviction in the military. What next, anything? Well yes, seek a pardon. But, not with this president. Obama is currently the fourth-slowest president to commute or void a prisoner’s…
I’ve posted before about CP sentencing in federal courts. Here is a piece with links at Sentencing Law & Policy which further discusses CP related sentencing in federal courts and the U. S. Sentencing Guidelines Commission. As the sentencing guidelines for child pornography crimes have grown increasingly harsh, a strong…
The Post & Email reports that Walter Fitzpatrick was arrested today, possibly after a “physical struggle.” Marine Corps Times reports the CO of Cheery Point has been arrested off base for DUI.
Trial is scheduled to begin 8 December 2010 at Fort Bragg. The Judge has decisions pending on a suppression motion and a motion to dismiss an attempted rape charge for failure to state an offense. As FayObserver ‘observes:’ Spc. Aaron M. Pernell, 23, of Tulsa, Okla., is charged by military…