The CGCCA has decided United States v. Molena. Before this Court, Appellant has assigned the following four errors: I. Appellant was denied effective counsel when his attorney erroneously informed him that he would not need to register as a sex offender. II. The bad-conduct discharge is an inappropriately severe sentence.…
I posted the ACCA decision in Lynndie England’s Article 66, UCMJ, appeal. Now this: Monday, Sep. 14, 2009, Military high court to hear Abu Ghraib appeals, By DAVID DISHNEAU – HAGERSTOWN, Md. — The U.S. military’s highest court has scheduled oral arguments next month on two appeals stemming from the…
Bobby Gifford has been kind enough to point our attention to this article. COURT-MARTIAL JURISDICTION OVER RETIREES UNDER ARTICLES 2(4) AND 2(6): TIME TO LIGHTEN UP AND TIGHTEN UP? By J. Mackey Ives & LTC(R) Michael J. Davidson, 175 Mil. L. Rev. 1 (March 2003) "In contrast, retired reservists are…
ACCA has issued a memorandum opinion in United States v. England, ARMY 20051170 (A. Ct. Crim. App. 10 September 2009). [A]ppellant claims, inter alia, that (1) the military judge abused his discretion when he rejected her guilty plea; (2) appellant’s trial defense counsel were ineffective for calling Private (PVT) Charles…
Need to find a current address for a witness in a case? Boxbreaker, Slang for a form used by the United States Post Office. Its called Request for Boxholder Information for Service of Legal Process. Take the form to the nearest Post Office to your targets last know address and…
Quite a few people are twittering and blogging about Congressman Joe Wilson’s recent behavior during the President’s speech to Congress. The basic claim is that he is subject to court-martial. Maybe, maybe not. Here is what he has on his biography on his official site: Throughout his life, Joe has…
I’ve already noted that Briscoe is a very interesting follow-on to Melendez-Diaz about the use of forensic analysis reports at trial where the chemist is not called as a witness. See here, here, and here. Here is a link to the Brief just filed on behalf of the 07-11191 Briscoe…
Marine sentenced to eight years for death in ‘trust me’ game September 10, 2009 7:49 PM, by Amanda Hickey, of JDNews.com (Photo: Don Bryan) A Camp Lejeune Marine pleaded guilty Thursday to pointing a weapon at seven Marines and one sailor in a deadly game that left one Marine dead.…
This story is out by Kate Wiltrout of The Virginian-Pilot, September 10, 2009 NORFOLK A naval officer accused of sexually assaulting a junior enlisted sailor has pleaded guilty to two charges but maintains he did not commit assault. A military judge is slated to sentence Lt. Jerome H. Randolph later…
SCOTUSBlog has provided this excellent summary of panels over the next few weeks which will address past and pending issues before the court. Not all of the issues may be relevant to day to day lawyering in a court-martial setting, but worth considering. A reminder that SCOTUSBlog is the best…