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Court-Martial Trial Practice Blog

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Up periscope – WE 070210

Not going too far, how about you? Meanwhile – – – A Robins Air Force Base master sergeant was dishonorably discharged and sentenced to 50 years in prison after he was found guilty of engaging in sexual contact with several minors, according to The Robins Rev-Up, the Robins Air Force…

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Spice prohibited, alcohol still good to go

A new order from Marine Corps Forces Command explicitly prohibits Marines from using a number of legal substances, including the herbal blend Spice, to achieve an altered state of consciousness or a druglike “high.” . . . The order, dated Jan. 27, bars Marines from using, possessing, attempting to possess,…

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CAAF and Abu Ghraib

CAAF has decided two cases related to Abu Ghraib:  United States v. Harman, and United States v. Smith. The issue in Harman was factual sufficiency and the conviction and sentence was affirmed. Appellant admitted to investigators that she took a new detainee, who had been placed on a box with…

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917 on steroids

In 1988 the Court of Military Appeals decided Griffith.  I have used the case from time to time, not often successfully.  But here is a recent example of what I call 917-on-steroids.  I was pleasantly surprised that it was the judge who first raised the Griffith possibility. R.C.M. 917 allows…

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Up periscope – WE300110

The Army has charged an Illinois National Guardsman in Afghanistan with possession of child and adult pornography, and his family has come to his defense, arguing that he was the target of a personal vendetta. Army Times reports.  This is an ongoing case that started because the kids mother sent…

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