I noted earlier that some accused of violating the Stolen Valor Act are challenging it’s constitutionality in situations where the person was a braggart, but did not gain or attempt to gain through the fraud. Here is a new case of someone who likely did gain – a city job?…
Court-Martial Trial Practice Blog
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…
USMC CM tracking
Here is a link to MARADMIN 062/10, Implementation of Case Management System for Courts-Martial.
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,…
Quantico Brig suicide update
Capt. Michael A. Webb, 46, of Coto de Caza, Calif., was found unresponsive Sunday at 7:21 a.m. and was later pronounced dead at the scene, said Lt. Col. Roger Galbriath. Webb had been placed under pretrial restraint as a result of the serious nature of his misconduct, because he failed…
Case tools
Here’s a link to the DOJ list of principal FOIA contacts at federal agencies. I’ve added this as a link to my list of important sites. Here’s a link to Mark Bennett, 16 Simple Rules for Better Jury Selection, 22(1) The Jury Expert, Jan. 2010. The highly entertaining Bennett has…
PTSD and sentencing
I have posted about this issue here, here, and here. As noted previously on this blog, there have been some notable recent examples of judges reducing a sentence based on the hardships a defendant previously suffered as a result of military service. Now, as detailed in this local article from…
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…
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…
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…