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…
Court-Martial Trial Practice Blog
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…
Career up in air
You’ll recollect the tale of Navy Captain Lisa Nowak, commented here. Meteor burns out. . . . Officials from the Naval Criminal Investigative Service last week took custody of the evidence in the case of former NASA astronaut Lisa Nowak, a Navy captain. Florida Today reports. The report has an…
Up periscope
I have commented before about suicides and military justice, Military Suicides. Marine Capt. Michael A. Webb has died of an apparent suicide in the brig at Quantico while awaiting court martial, a base public affairs officer said Tuesday. Inisde NoVa reports. Army investigators have charged a 22-year-old Fort Bragg soldier…
Defending against drug charges Navy style
You keep running really really hard and push off. And unlike most enlisted folks and a lot of officers you get —- 21 days of restriction and 100 demerits, according to the information provided to the newspaper. The Capital reports. I’m sure all our clients discharged with BCD’s, OTH’s, and…
Up periscope – 280110
Moral: when you go AWOL you can’t keep running if you run out of gas. As I drive I-95 I often see military convoys. It had not occurred to me that one or more of the drivers was in the process of going AWOL. An Army private is in custody…
Military, drugs, and sports – lots of tolerance
I have often wondered about how sports players get breaks regular people don’t. This applies within the military just as much as in the civilian community. Hypocrisy rains in the name of sports. A Naval Academy football player is being permitted to continue as a midshipman even after testing positive…
Collateral consequences – sex offenders
Haven’t posted on this for a while. There’s a lot going on out there in terms of state and federal litigation. A significant issue relates to the types of restrictions on a sex offender. So, what are the limits on computer and technology use for those convicted of sex offenses?…
Major Hasan – R.C.M. 706 update
Army officials agreed to delay a mental evaluation for the man suspected of going on a shooting spree at Fort Hood until after a military court hearing that will determine if he will stand trial, his attorney said Wednesday. Houston Chronicle.com reports. Lamb denied a request for civilian mental health…