Army Times reports: The Army said Friday it was investigating a claim that dozens of soldiers who refused to attend a Christian band’s concert at a Virginia military base were banished to their barracks and told to clean them up. . . . Smith said he went up the chain…
Court-Martial Trial Practice Blog
Wuterich update
North County Times reports: Nearly five years after 24 Iraqi men, women and children were slain by a Camp Pendleton squad as it searched for a roadside bomber, the last man to face criminal charges from the incident is about to go on trial. Wuterich’s trial —- which is scheduled…
ACCA expert assistance case
ACCA has an excellent unpublished opinion in United States v. McGinnis, No. ARMY 20071204 (A. Ct. Crim. App. Aug. 19, 2010). Here it is with liberal sprinklings of Dwight’s synopsis. Appellant was convicted of battering his 8-month-old son. His GT score was 90 and he had a reputation for being…
Crime spree Astronaut more than grounded
Navy Times reports: A former astronaut who gained notoriety for stalking a romantic rival after driving 900 miles straight from Houston is expected to be discharged from the Navy. A board of inquiry made up of three Navy admirals voted 3-0 Thursday give Navy Capt. Lisa Nowak an “other than…
ACCA on IAC
In United States v. Darling, ACCA affirmed because appellant could not establish the prejudice prong of an IAC “claim.” This is worth reading for those cases where the accused is found not guilty after a contested case, but during sentencing there is a concession that the accused was actually guilty. …
Coast Guard certified issues to CAAF
The Coast Guard has certified the following issues to CAAF. No. 10-6010/CG. U. S., Appellant v. ANDREW L. DALY, Appellee. CCA 001-62-10. Notice is hereby given that a certificate for review of the decision of the United States Coast Guard Court of Criminal Appeals was filed under Rule 22 on…
NMCCA sets aside a Article 120 case for instructional error
In the United States v. Jones the facts cited by the court show a consent defense. However the defense counsel did not request an instruction on the affirmative defense and the military judge did not give one. There being no evidence of an affirmative waiver the findings and sentence were…
Up periscope
WOKV.com reports: The NASA astronaut who made international headlines after attacking a romantic rival with pepper spray at the Orlando International Airport in 2007 spent Thursday in a military courtroom at Naval Air Station Jacksonville. The government is asking a Navy review board to recommend discharging Captain Lisa Nowak and…
LTC Lakin
World News Daily reports: A reported threat by a senior Army officer to "Taser" another officer on trial for challenging Barack Obama’s eligibility to be president could be a serious "command influence" issue that could taint the case, according to an expert. Here is the Greeley Gazette article referred to:…
Up periscope
Huffington Post has a piece about MEJA. In the perpetual debate over legal accountability of, and prosecution if necessary, of private military and security contractors one often sees the arguments reduced to two simplistic arguments. PMSC opponents argue the contractors argue in a legal vacuum and with utter impunity. This…