Uncategorized Category Archives — Page 80 of 116 — Court-Martial Trial Practice Blog Published by International Military Lawyer

Concerned about alcohol abuse

February 14, 2010 | The Law Office of Philip D. Cave

The Navy’s largest overseas installation has seen a significant drop in incidents of drinking and driving over the last two years, thanks in part, to a persistent sobriety checkpoint program, according to base officials.

Stars & Stripes reports.

The answer to alcohol related incidents, including deaths, injury, and property damage is simple. Treat alcohol as the drug that it is. Treat alcohol the same way any other drug use is treated in the military. Alcohol is considered the number one drug of abuse is it not. Ban alcohol use unless it is prescribed.

Civilian jurisdiction

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

CAAFLog reports:

Sens. Leahy and Kaufman and Rep. David Price introduced companion bills in the Senate and House titled the “Civilian Extraterritorial Jurisdiction Act” (CEJA?), on Feb. 2, 2010. H.R. 4567 and S. 2979 create a new section 3272 in title 18.

Major Hasan update

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

[L]ate Friday afternoon, the Army said the hearing has been moved to June 1 in response to a defense request.

KWTX.com reports. Although they still persist in referring the to Article 32, UCMJ, hearing as equivalent to a grand jury.

Major Hasan ripples

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

The military will formally discipline at least six officers, mostly from Walter Reed Army Medical Center in Washington, for failing to take action against the officer accused of carrying out last year’s deadly shooting rampage at Fort Hood, according to people familiar with the matter.

In announcing the findings, Defense Secretary Robert Gates said he had directed Army Secretary John McHugh to take "appropriate action" against Maj. Hasan’s past supervisors. Mr. McHugh, in turn, appointed Gen. Ham to investigate whether specific officers should be punished for failing to raise the alarm about Maj. Hasan.

Wall Street Journal reports.

Major Hasan update

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

The military will formally discipline at least six officers, most from Walter Reed Army Medical Center in Washington, for failing to take action against Fort Hood gunman Nidal Malik Hasan, according to people familiar with the matter.

Officials said the move reflects the military’s belief that the Nov. 5 assault could have been prevented if Hasan’s superiors had alerted authorities to his increasing Islamic radicalization.

Dallas News reports. Judge Pohl has been scheduled to start the Article 32, UCMJ, hearing on 1 March.

Crawford, Melendez-Diaz, Briscoe – and now Pendergrass v. Indiana

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

Here is a link to the full cert petition in Pendergrass v. Indiana. The question presented is:

Whether the Confrontation Clause permits the prosecution to introduce testimonial statements of a nontestifying forensic analyst through the in-court testimony of a supervisor or other person who did not perform or observe the laboratory analysis described in the statements.

Pendergrass v. State, 913 N.E.2d 703 (Ind. 2009).

Major Hasan update

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

(No pun intended.)

The Army said Monday it has appointed an investigating officer for an Article 32 hearing, which will determine if there is sufficient evidence to proceed with a court-martial for Maj. Nidal Malik Hasan, who’s charged with 13 counts of premeditated murder in the deadly shooting rampage on Nov. 5 at Fort Hood’s Soldier Readiness Center.

KWTX.com reports.

Stolen Valor update

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

Question, if he served at least three years in the Army, and he left active duty as a PFC, is it not likely that he was disciplined at some point and reduced in rank?

With the aid of Maggies Farm (Stolen Honor as a Pick-up Line?), Moonbattery, (Captain Chinpubes below was spotted at a grand Victory party for Moonbat Houston Mayor Annise Parker), and cdr salamander, here is a better shot and a breakdown of the awards claimed by

Well, lets review the "awards" at least. You can see a high-res here and a full-frontal here.
His decorations include;

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.