Uncategorized Category Archives — Page 65 of 115 — Court-Martial Trial Practice Blog Published by International Military Lawyer

A cautionary tale

June 24, 2010 | The Law Office of Philip D. Cave

Here is a posting on Above the Law about a Marine officer attending law school, and his Marine Corps future. It’s not clear if he’s there as a LEP’er. But I suspect he’s on his way to being a leper in a number of communities.

It’s a Scarlet Letter tale for the digital age. A Georgetown law student’s life has completely unraveled. His way of dealing with losing his wife, his mistress, his supposed baby, his military assignment, and good standing at Georgetown Law School? A public confession on Facebook.

Post-trial administrative discharges

June 23, 2010 | The Law Office of Philip D. Cave

CAAF’s journal for 22 June 2010 notes:

No. 10-0468/AR. U.S. v. Sonya M. WATSON. CCA 20080175. Review granted on the following issue:

WHETHER THE ARMY COURT ERRED WHEN IT RULED THAT APPELLANT’S ADMINISTRATIVE DISCHARGE WAS VOIDABLE AND PROPERLY REVOKED AND DID NOT REMIT THE ADJUDGED DISMISSAL.

Lawyering discharges

June 23, 2010 | The Law Office of Philip D. Cave

Schaefer v. McHugh is the interesting case of an Army JAG who finagled a medical discharge, but then the orders were revoked, and upon return to the fold he received a GOMR. It’s not nice to have the Army pay for your law school education and then try to sneak out the back-door.

Malcolm Schaefer pointed to his bad knees as a reason to get out of his Army service. But Schaefer was an Army lawyer. Bad knees typically do not preclude service as a lawyer. The Army therefore rejected Schaefer’s request for discharge. But because of an administrative foul-up, Schaefer was able to obtain papers showing his legal discharge. Shortly afterwards, the Army informed Schaefer that he had to return to service. Schaefer did so, and the Army then took disciplinary action against him for his apparent shenanigans. In this litigation, Schaefer argues, in essence, that he beat the system by obtaining papers showing his discharge and that subsequent Army disciplinary actions against him were invalid. The District Court rejected Schaefer’s challenge, granting summary judgment to the Secretary of the Army. We affirm the judgment of the District Court.

Crystal gazing

June 22, 2010 | The Law Office of Philip D. Cave

Well, we have a general idea of what GEN McChrystal is accused of saying, as well of supposed statements of other officers. As I was driving home today I heard a story that he’d submitted a resignation – from the Army, or his current position? USA Today has this piece in which they report a resignation and a denial that a resignation has been submitted. There are so many puns about crystal and star gazing. But sadly there’ll be little humor in what’s going on. From a military justice practice perspective, how many clients have been accused and disciplined for similar types of disrespect?

The LA Times has this piece about the increasing politicalization of the military (something I somewhat tongue in cheek commented was behind LTC Lakin’s contumacy):

Army Gen. Stanley A. McChrystal’s criticism of Obama administration officials symbolizes an accelerated partisanship of the officer corps.

Fort Gillem shooting update 4

June 22, 2010 | The Law Office of Philip D. Cave

Atlanta Journal Constitution reports that:

Military officials have charged Staff Sgt. Rashad Valmont with murder in the fatal shooting of Master Sgt. Pedro Mercado at Fort Gillem, U.S. Army spokeswoman Maj. Lenora Hutchinson told the AJC on Tuesday.

The report then goes on to say that:

CAAF search and seizure case

June 21, 2010 | The Law Office of Philip D. Cave

United States v. Huntzinger.

I. WHETHER THE MILITARY JUDGE ERRED IN CONCLUDING THAT NO SOLDIER AT FORWARD OPERATING BASE (FOB) LOYALTY HAD A REASONABLE EXPECTATION OF PRIVACY IN ANY REGARD.

II. WHETHER THE MILITARY JUDGE ERRED IN DENYING A MOTION TO SUPPRESS APPELLANT’S EXTERNAL HARD DRIVE AND PASSWORD PROTECTED LAPTOP WHEN THE
COMMANDER WHO ORDERED THE SEIZURE OF THE EQUIPMENT IMMEDIATELY SEARCHED THE EQUIPMENT UPON SEIZURE, DEMONSTRATING THAT HE WAS PERFORMING LAW ENFORCEMENT FUNCTIONS AND WAS NOT NEUTRAL AND
DETACHED WHEN SEIZING THE ITEMS.

Training and CLE opportunity

June 20, 2010 | The Law Office of Philip D. Cave

Thanks to a nicely and newly redesigned JAA website, here is information this years Appellate Advocacy Symposium. This is good training and good for those all important CLE credits for civilian attorneys. (Note, VA gives full credit for this one day seminar. I just checked my CLE records and we were only given four hours for two days of the CAAF Judicial Conference this year. I believe this relates to written materials not being provided as part of the instruction. VA requires that there be some form of written handout or materials given out along with instructor bio’s, etc.)

APPELLATE ADVOCACY SYMPOSIUM

October 15th, 2010 8:00am-5:00pm

George Mason University School of Law

This event is co-sponsored by the United States Court of Appeals for the Armed Forces and the Judge Advocates Association. For information about this event, please contact CPT Joshua Johnson at: joshua.johnson34@us.army.mil.

Fort Gillem shooting update 3

June 20, 2010 | The Law Office of Philip D. Cave

Army Times reports that:

The military has released the name of the man allegedly shot to death by a fellow reservist at Fort Gillem.

An earlier release said that the name of the suspect would not be released until there were charges.

Afghan and foreign AWOLs update 4

June 19, 2010 | The Law Office of Philip D. Cave

Fox News reports that:

Texas senator is demanding answers from the Air Force on the current status of the 10 AWOL Afghan military deserters, which he called a breach of national security.

The initial number of Afghans being floated was 17. Now:

Fort Gillem shooting update 2

June 18, 2010 | The Law Office of Philip D. Cave

The Atlanta Journal Constitution reports that:

The victim of Thursday’s U.S. Army Reserve post shooting and his alleged killer both apparently worked together, Army officials said Friday. Both men were full-time Army Guard reserve soldiers assigned to the Army Medical Professional Management Command, spokeswoman Maj. Lenora Hutchinson told the AJC.

It’s unclear whether they both were on-duty and working in the office building near the southeast corner of Fort Gillem when the shooting took place, but the alleged shooter was said to be in military uniform when he later turned himself in to police in Lake City, just south of the base.