The Coasties have changed links to places of interest. I believe these are the new places to visit. https://www.uscg.mil/Resources/legal/Court-of-Criminal-Appeals/ https://www.uscg.mil/Resources/legal/Military-Justice/Court-Dockets/ Good Order & Discipline Reports https://www.uscg.mil/Resources/legal/GOAD_report/ https://www.uscg.mil/Resources/legal/BCMR/ https://www.uscg.mil/Resources/Legal/organization/
Court-Martial Trial Practice Blog
UCI
Applying this rationale, I believe, contrary to the view expressed by my brothers, that there is more than a possibility that appellant’s trial was adversely affected by unlawful command influence. My experience as an officer and lawyer in the Army is that, when a commander says he is angry about…
On the horizon
Navy Times is now reporting that, “Arson is suspected as the cause of a July 12 fire that left extensive damage to the amphibious assault ship Bonhomme Richard docked off San Diego, and a U.S. Navy sailor was being questioned as a potential suspect, a senior defense official said Wednesday.” Salem News…
Bergdahl
On 27 August 2020, CAAF issued its opinion in United States v. Bergdahl. “Thus, simply stated, it was the totality of the circumstances surrounding Appellant’s misconduct rather than any outside influences that foreordained the Army’s handling and disposition of this case. Therefore, an objective, disinterested observer would not harbor any…
Witnesses
You seek out a witness for the defense and they tell you they have to check with leadership to see if that’s OK. This happens occasionally. Most of the time they come back and say they are good to go, or they are intransigent and you have to ask the…
Not good DCs
“I didn’t want to plead guilty.” Followed with “my lawyers forced me.” That’s a not infrequent complaint with appellant’s who plead guilty. “In another, the defendent objected to the Navy counsel’s advice to plead “guilty.” He stated that though he admitted guilt, “he could have beaten it with a good…
Interesting legal issue
Salem News has an article about “SEALs pulled from Iraq.” The article is a lengthy one. From the article here is why there is at least one pending (possible) appellate case. The Navy fired three SEAL leaders in the aftermath of the alleged rape on the Iraq air base and…
Need something to read
Scandal on Plum Island: A Commander Becomes the AccusedBy Marian E. LindbergEast End Press, 416 pages Think of Plum Island, and what probably comes to mind are natural habitats, a lighthouse and remoteness, all of which were highlighted in a recent report on the island’s potential. Most people probably wouldn’t think of…
The medical exception in evidence.
Prof. Colin Miller brings, The Admissibility of Statements Made to Doctors Consulted For the Purpose of Enabling Him/Her to Testify Federal Rule of Evidence 803(4) provides an exception the rule against hearsay for A statement that: (A) is made for — and is reasonably pertinent to — medical diagnosis or treatment; and (B) describes…
Jackson v. Navy
Petition to watch. Jackson v. Sec. Nav. Does Title VII apply to military personnel. So far every circuit has said “no.” Will the Supremes take the case, and if so, how will they rule?