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Court-Martial Trial Practice Blog

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Up periscope

Lot here today.  Catching up after a contested trial at Fort Bragg.  I’ll update the Lakin page after today’s “events.” Kate Wiltrout reports the retrial of Richard Mott at NOB, NorVA. Almost two years after a Navy judge found Seaman Richard Mott guilty of attempted premeditated murder and sentenced him…

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Collateral consequences

Here is a piece from Kitsap Sun: A doctor who is being expelled from the Navy was charged by Kitsap County prosecutors Thursday with failing to register as a sex offender, according to attorneys familiar with the case. State law requires people convicted of certain sex crimes to register as…

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Fricke dead, case still good law

Navy Times reports: A former Navy officer who was serving time for hiring someone to kill his wife was killed in a Kansas military prison a month before he was supposed to be released. Officials at Fort Leavenworth say 54-year-old former Navy Lt. Cmdr. Michael Fricke was beaten with a…

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Some quick reminders about guilty pleas and such

There’s something for everyone out of a number of Navy and Coast Guard cases. Defense Counsel.  When the military judge wrongly announces a sentence which will inure to your client’s benefit, generally you should keep you mouth shut.  But, once you get the SJAR, double check the SJAR against the…

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A new MEJA prosecution

Military.com reports that: A former U.S. Army contractor was arrested today in Newport News, Va., for allegedly killing one sailor and seriously injuring another in a vehicular collision in Kuwait[.] Hanks is charged under the Military Extraterritorial Jurisdiction Act (MEJA), a statute that gives U.S. courts jurisdiction to prosecute crimes…

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Newby decided at CGCCA

United States v. Newby has been decided and has a reminder for trial defense counsel. The military judge made a clemency recommendation. The SJAR failed to note the clemency recommendation. The TDC failed to comment on the SJAR failure. Phew! And here’s why. Before this court, Appellant has assigned as…

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