Uncategorized Category Archives — Page 68 of 112 — Court-Martial Trial Practice Blog Published by International Military Lawyer

LTC Lakin’s contumacy

May 13, 2010 | The Law Office of Philip D. Cave

safeguardourconstitution reports that: “Obama Administration unleashes Army lawyers instead of releasing birth certificate.” This is shameful hyperbole and utterly incorrect.

LTC Lakin is alleged to have committed offenses in violation of the UCMJ. The conduct alleged cuts to the very heart of military requirements of obedience to orders, fidelity to the oath of office, and the need for seniors to set the example. I’m reliably informed that in addition to formal counselings every effort was made pre-preferral to convince LTC Lakin to obey his orders. In the face of such contumacious behavior the Army had no choice but to prefer charges. Enlisted personnel are regularly disciplined, court-martialed, and jailed for the same or similar conduct and who have better reasons for their AWOL. Such a stunning lack of officership cannot pass unnoticed or undisciplined. Neither President Obama nor his administration has any role in this case at all. Should the administration try to get involved they should be told – politely – to butt out.

LTC Lakin update

May 12, 2010 | The Law Office of Philip D. Cave

Safeguardourconstitution reports that the Article 32, UCMJ, hearing is scheduled for 11 June 2010.

The report links to a letter to MAJ Kemkes (a great TDS lawyer from Fort Myer) granting a delay of the hearing from 6 May to 11 June.

approval_of_delay_for_art32_hearing

LTC Driscoll, a lawyer, is the IO. The use of non-lawyers as IO is pretty standard within the Army. Thanx CAAFLog for the update.

Hasan update 9

May 12, 2010 | The Law Office of Philip D. Cave

KVUE.com reports that:

The attorney representing the accused gunman in the 2009 Fort Hood shootings says the Army is holding back important evidence in the upcoming Article 32 hearing.

Attorney John Galligan says he needs court documents, including Major Nidal Hasan’s FBI files, to gain more insight into his mental state in the months leading up to the shooting.

Waiving appellate review

May 12, 2010 | The Law Office of Philip D. Cave

There has been quite a bit of discussion recently of waiving appellate review as part of a pretrial agreement.

Here is a timely article from the ABA about this important topic (thanks to Sentencing Law & Policy for the link).

Ellis & Bussert, Stemming the Tide of Postconviction Waivers, 25 (1) Crim. Justice, Spring 2010, ABA.

Collateral consequences – Sex Offender Registration

May 11, 2010 | The Law Office of Philip D. Cave

The advice to an accused about sexual offender registration is complicated. Cases such as Williams v. Lee and Keathley, No. ED 93827, from the Court of Appeals of Missouri, Eastern District, Division Five, decided May 4, 2010. This is a retroactivity case.

On February 5, 2000, Williams pled guilty in a military tribunal to one specification of carnal knowledge under Article 120 of the Uniform Code of Military Justice ("UCMJ"), and one specification of sodomy with a child under the age of 16 in violation of Article 125 of the UCMJ. No law — Missouri, federal, or military — required Williams to register as a sex offender at the time of his convictions.

However, with the passage of SORNA to police went out and required registration. But,

Stolen Valor

May 11, 2010 | The Law Office of Philip D. Cave

The Washington Post has this interesting piece about the status of stolen valor issues.

A LTC Lakin piece

May 9, 2010 | The Law Office of Philip D. Cave

Blogger Rainier4311 has a piece on LTC Lakin which is critical of Anderson Cooper’s interview. Regardless of the merits of the interview, the piece contains some interesting and uninformed comments on the military legal system.

This Article 138 discovery process must be done. LTC Lakin now has the right to discovery based on the Articles of the UCMJ. The United States Army is attempting to prosecute LTC Lakin just to cover their tracks because the Army has put other personnel out because of their refusal to deploy because the erroneously accused wanted proof of Barack Obama’s eligibility to be president.

In all reason, the controversy surrounding Barack Obama’s eligibility must be put to bed. Under Article 138, he is bound by both federal laws to prove his birth, and since he is, by all accounts the Commander in Chief, he is also bound by the UCMJ.

Congressional action on forensic labs

May 9, 2010 | The Law Office of Philip D. Cave

The American Academy of Forensic Sciences has made some recommendations to Congress for legislation to reform forensic laboratories that obtain federal funds directly or through an organization (such as DoD) that receives federal funding.

Preliminary Outline of Draft Forensic Reform Legislation – 5/5/10.

Thanks GR.

LTC Lakin

May 8, 2010 | The Law Office of Philip D. Cave

Obama Conspiracy Theories blog has this comment on the CNN LTC Lakin interview:

Paul Jensen, tried to imply things that were false by clever irrelevancies and innuendo, but he told one outright whopper:

In the state of Hawaii there’s a statute that allows anyone born outside the state of Hawaii, including in a foreign country, to obtain a Hawaiian birth certificate, at any age, by going back and filling out a form.

LTC Lakin update

May 8, 2010 | The Law Office of Philip D. Cave

LTC Lakin has made his CNN appearance. Courtesy of Dwight “ML” Sullivan and CAAFLog, here is a link. Like DMLS I found the comment about protecting the client somewhat odd in light of counsel’s apparent involvement in producing the video which has in effect become LTC Lakin’s public confession of an “intent” to refuse orders. As DMLS points out there is a link to Mr. Jensen’s own website, Paul Rolf Jensen . . . Lead Counsel for LTC Lakin. That certainly should be admissible as circumstantial evidence of intent as to the missing movement charge. LTC Lakin’s supporters are not happy about the CNN interview, as this piece at World News Daily indicates. Frankly I wasn’t happy with it either as a lawyer who regularly defends clients at court-martial.

I thought I’d use this case as a way to refresh ourselves on how a defense counsel should approach an Article 32, UCMJ, hearing regardless of the accused or the charges. (I HAVE CREATED A LTC LAKIN PAGE here – which I will update as a relevant event happens or I have time.)

Cooper dominated the combative interview, demanding answers from Lakin, telling his lawyer, Paul Rolf Jensen, to let his client answer and then forging ahead with his own arguments.