CNN reports that: A top military official at Walter Reed Army Medical Center has been relieved of duty and charged with knowingly falsifying his personnel records. Command Sgt. Maj. Stoney Crump, the senior enlisted officer for the Medical Center Brigade, had the “intent to deceive” when he submitted a false…
Court-Martial Trial Practice Blog
Up periscope 53
The Daily Weekly reports on a Fort Lewis Soldier convicted in civilian court of murder. The piece that caught my eye was this: Since the start of the war in Iraq in 2003, there have been at least a dozen slayings on Western Washington soil alone involving active troops or…
Humor in uniform lawyering
This report from Savannah.now questions why expert payments within the 3ID claimancy take so long. The military judge also questioned why experts for the defense continue to have difficulties obtaining payments for work done on Bozicevich’s behalf as attorneys prepare for a February 2011 capital court-martial trial. The humor is…
Do Rodriguez and Gilbride mean anything?
United States v. Foisy, __ M.J. __, No. NMCCA 201000026 (N-M. Ct. Crim. App. July 20, 2010). (Thanks to an early posting of the decision by CAAFLog.) Rodriguez and Gilbride deal with Mil. R. Evid. 304(h)(2) rule of completeness. Mil. R. Evid. 304(h)(2) is a longstanding rule of completeness pertaining…
Up periscope
From on the road. Air Force Times reports that: Air Force officials are investigating the Wisconsin National Guard’s top commander. Air Force press officials didn’t immediately respond Monday to requests for information on what prompted the Air Force Inspector General’s inquiry into Brig. Gen. Donald Dunbar or what it entails.…
Orly Taitz-world
On 16 July 2010, Orly Taitz posted the following item on her website. NO ANSWER FROM JUSTICE THOMAS YET. PEOPLE CAN FILE AMICUS CURIAE BRIEFS- FRIEND OF THE COURT, IN SUPPORT OF THE APPLICATION Pity, because there is a 15 July 2010 entry on the Supreme Court journal regarding Taitz…
Ecstatic, a drug to help with PTSD
Oooops, Military.com reports that: The drug Ecstasy shows positive results in the majority of patients when used to treat post-traumatic stress disorder, according to a report coming out Monday in the Journal of Psychopharmacology.
Federal District Court of Gitmo
crimeandconsequences blog reports a link to: Eugene Sullivan and Louis Freeh propose creation of a Federal District Court for Guantanamo Bay in this WaPo op-ed. Sullivan is a former CJ of the Court of Appeals for the Armed Forces; Freeh is a former district judge and FBI Director. Their proposal…
Up periscope
CAAF has affirmed United States v. Diaz in a rather non-controversial unanimous decision. While not controversial in my mind, it is worth reading the discussion of Diaz’s attempt to plead guilty by exceptions and substitutions. I’d always thought there was quite a bit of leeway on pleading guilty by E&S,…
Oooops, trial counsel, defense counsel do you agree
Here is an new grant from CAAF. No. 10-0494/AF. U.S. v. Caleb B. BEATY. CCA 37478. Review granted on the following issue: WHETHER THE SENTENCE MUST BE SET ASIDE BECAUSE THE MILITARY JUDGE DETERMINED THE SENTENCE BASED ON THE INCORRECT MAXIMUM PUNISHMENT. Briefs will be filed under Rule 25. Note…