Uncategorized Category Archives — Page 77 of 113 — Court-Martial Trial Practice Blog Published by International Military Lawyer

Stolen Valor update

February 7, 2010 | The Law Office of Philip D. Cave

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?

M. McBride

Contributed photo

in Houston Chronicle

A Houston man was charged on Friday with allegedly impersonating a U.S. Army general by wearing a uniform decorated with more military honors than earned by famed Gen. George Patton.

The FBI charged 44-year-old Michael P. McManus with five federal misdemeanors, accusing him of unlawfully wearing an unauthorized uniform embellished with some of the U.S. military’s most distinguished combat medals.

He is one of about 50 people charged under the 2006 Stolen Valor Act, which makes it a federal crime to falsely claim to have received a medal from the military, regardless of whether the accused does not try to profit from the deception.

One man bilked a Veterans Affairs program out of huge sums of money, while a woman received some $40,000 in tuition after telling employees at her university that she was an Air Force pilot flying in Iraq on weekends.

The Houston Chronicle reports.

According to the Department of Justice, McManus did actually serve in the Army between the years of 1984 and 1987. However, he never achieved a rank higher than private first class, nor did earn the Military Combat Awards and insignia he is accused of wearing.

As we first pointed out Friday night, those medals include two Distinguished Service crosses, a Purple Heart and a medal around his neck indicating he was the commander of the British Empire.

ABC reports.

PTSD and sentencing

February 5, 2010 | The Law Office of Philip D. Cave

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 Kansas, this concept is getting some legislative attention:

Judges would be able to reduce sentences for defendants who are combat veterans and have post-traumatic stress disorder, under a bill being considered by the Kansas Legislature.

Major Hasan – R.C.M. 706 update

January 27, 2010 | The Law Office of Philip D. Cave

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 experts to be on the panel, Galligan said, adding that "we will continue to fight that."

Major Hasan follow-up

January 26, 2010 | The Law Office of Philip D. Cave

You’ll remember some time ago now that a suspect was arrested trying to visit Major Hasan while in hospital.

A Texas man accused of saying he legally represented alleged Fort Hood shooter Nidal Malik Hasan is bipolar and was off his medication, his lawyer said.

Senan Kahtan Abrahem of San Antonio was released Monday on unsecured bond after his lawyer told a federal magistrate Abrahem had resumed his medication and was not a flight risk, the San Antonio Express-News reported Tuesday.

Major Hasan update

January 26, 2010 | The Law Office of Philip D. Cave

An attorney for the Army psychiatrist accused of going on a shooting rampage at Fort Hood said Monday he wants his client’s mental evaluation delayed, citing a potential conflict of interest with the exam panel.

Army officials previously appointed a three-member board of military mental health professionals to determine whether Maj. Nidal Hasan is competent to stand trial and his mental status the day of the November shooting, which left 13 dead and dozens wounded on the Texas Army post.

Military.com reports.

Briscoe-Melendez-Diaz-Crawford

January 25, 2010 | The Law Office of Philip D. Cave

Well, that may be anti-climatic? I think the Supremes punted. Here’s a link to the Briscoe memorandum opinion, more later.

PER CURIAM. We vacate the judgment of the Supreme Court of Vir-ginia and remand the case for further proceedings not inconsistent with the opinion in Melendez-Diaz v. Massa-chusetts, 557 U. S. ___ (2009).

Stolen Valor – an interesting twist – It’s protected speech

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

A challenge to the Stolen Valor Act is being made based on the First Amendment.

Rick Strandlof may have lied about being a decorated Iraq War veteran, but those lies are protected by the First Amendment, according to his attorney and a civil liberties organization.

Would you trust this man in a foxhole?

CAAF grants

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

Three interesting grants from CAAF in the last few days.

No. 07-0401/NA. U.S. v. Russell B. MULLINS. CCA 200200988. Review granted on the following issues:

WHETHER THE LOWER COURT IN HOLDING THAT THERE WAS NOTHING IMPERMISSIBLE IN THE MILITARY JUDGE ALLOWING THE GOVERNMENT TO INTRODUCE LIE DETECTOR TESTIMONY IN VIOLATION OF MILITARY RULE OF EVIDENCE 702.

Galesburg CP case

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

Here is a little more information about the NG soldier held in Afghanistan pending court-martial for alleged CP sent to him by his mother.

The family of an Illinois National Guard soldier believes he was wrongly accused of possessing child pornography by a friend he had recently argued with.

Rodney and Terri Miller told the Galesburg Register-Mail that their son, Specialist Billy Miller, had a falling out with a friend Afghanistan, and the friend subsequently reported seeing inappropriate pictures on Billy Miller’s laptop.

Soldier convicted and sentenced

January 15, 2010 | The Law Office of Philip D. Cave

A Hohenfels-based soldier was sentenced to 8½ years in prison Thursday in a knife attack on a German family last summer.

Racine, assigned to the 1st Battalion, 4th Infantry Regiment, was originally charged with one count of attempted premeditated murder, along with several lesser charges, according to the official Army charge sheet. But after the three-day trial before a military judge, Racine was convicted of aggravated assault with the intent to inflict grievous bodily harm.

But the defense argued that Racine thought he was in a war zone, and that he attacked the German family as he sought shelter in their apartment.