Uncategorized Category Archives — Page 86 of 117 — Court-Martial Trial Practice Blog Published by International Military Lawyer

Sham or shame

December 26, 2009 | The Law Office of Philip D. Cave

The Army’s attempt to stem a rising tide of suicides made it impossible for a Fort Bliss soldier convicted of cruelty toward subordinates to get a fair trial, the soldier’s parents say.

"I still maintain that this was a miscarriage of justice," said John Taylor, father of Pvt. Jarrett Taylor. "They needed a conviction and they got it. É This is a sham."

Taylor said his son, a sergeant at the time, was trying to help soldiers on their first deployment in Iraq survive in a combat zone.

Impact of pregnancy on readiness?

December 25, 2009 | The Law Office of Philip D. Cave

FrumForum interviewed retired Major Merideth A. Bucher, author of the much cited paper, The Impact of Pregnancy on U.S. Army Readiness.

Bucher explains that a woman who becomes pregnant ceases to be available for combat service. She will be returned home; her unit is left missing a body, a soldier.

She passionately told of her own experience: Two days before Desert Storm was to begin the female intelligence officer in the Major’s battalion became aware she was pregnant. Because she could not deploy and was sent home the battalion was left vulnerable by having to fight without an intelligence officer present. By losing one person everyone else has to work that much harder to get the mission accomplished. And when a woman soldier in particular gets pregnant, Bucher argues, “it weakens every female soldier standing as a member of that unit. If one woman does that it taints the water for everybody.”

Major Hasan news bite

December 24, 2009 | The Law Office of Philip D. Cave

A counterterror airstrike in Yemen that may have targeted Anwar al-Awlaki, the extremist cleric linked to Fort Hood shooter Maj. Nidal Malik Hasan, could raise new questions about whether Hasan’s rampage in Killeen, Texas, on Nov. 5 was the act of a lone wolf or part of a conspiracy.

Reports the Christian Science Monitor.

NMCCA sets aside BCD for Article 13 credit

December 24, 2009 | The Law Office of Philip D. Cave

Article 13, UCMJ, prohibits pretrial punishment.

In United States v. Turner, NMCCA 200401570 (N-M.C. Ct. Crim. App. 22 December 2009), the court found pretrial punishment and set-aside the BCD. This may be somewhat pyrrhic because the sentence was adjudged in 2001. That means the appellant has been on unpaid appellate leave since 2001. In his claim for post-trial delay he does not assert that being on appellate leave without a DD214 was prejudicial.

When the ship returned from its brief underway period, the appellant was brought from the
pretrial confinement facility to appear before the Captain and crew at a public mast (“mast” is frequently understood to mean nonjudicial punishment proceedings, but it also includes award ceremonies and individual meetings held at a service member’s request). After the Captain informed the appellant and the crew that the charges were being referred for trial, the appellant returned to pretrial confinement.

Still open case

December 24, 2009 | The Law Office of Philip D. Cave

Nearly two years after prosecutors in Jacksonville decided not to charge anyone in the gunfight that killed a club owner outside his bar north of Springfield, the Navy has acquitted a sailor of murder in the case.

NewsJacksonville.com reports —

Navy prosecutors would only say they had believed the case should be pursued.

Major Hasan gossip

December 24, 2009 | The Law Office of Philip D. Cave

An Army psychiatrist accused of fatally shooting 13 at the Fort Hood, Texas, military base had asked for a Muslim cleric’s advice about killing U.S. troops, according to a new interview.

CNN.com reports.

Retired Army Col. John Galligan, Hasan’s civilian attorney, has said his client is considering pleading not guilty by reason of insanity [at his court-martial].

CGCCA case to watch

December 23, 2009 | The Law Office of Philip D. Cave

The CGCCA has issued a 2-1 opinion in United States v. Lucas, and it is likely a case to watch with CAAF.

The CGCCA has been the most vigilant of the services in protecting an accused’s post-trial rights, so the decision in this case seems odd. There is no evidence that any of the proper procedures were followed in this case except for allowing the defense counsel to review the ROT.

Also, there is no clemency materials submitted by either the defense counsel or accused. Did the defense counsel contact the appellant? Did the appellant have anything to submit?

Another Stolen Valor case

December 22, 2009 | The Law Office of Philip D. Cave

A man accused of posing as a highly decorated war veteran faces federal charges of falsely wearing heroic medals of honor. Angel Manuel Ocasio-Reyes, 48, was charged under the Stolen Valor Act.

This is the fourth time in 12 months someone has been prosecuted under the Stolen Valor Act, according to Amy Filjones, a spokeswoman with the U.S. Attorney’s Office.

Tampabay.com reports.

Third SEAL pleads NG

December 22, 2009 | The Law Office of Philip D. Cave

The third SEAL accused in the assault of an alleged al-Qaida terrorist pleaded not guilty Tuesday to charges of dereliction of duty and making a false official statement in a military court on Norfolk Naval Base.

Trial by court-martial is set for 6 April 2010, Navy Times reports. The other two SEAL’s alleged to be involved with violating the UCMJ have each plead not guilty and have trial dates set.

More pregnancy issues.

December 22, 2009 | The Law Office of Philip D. Cave

Here is the Order in question regarding getting pregnant while deployed to the AOR. So far as reported earlier there have not been any court-martials.

Bob McCarty has blogged the issue from what appears to be a non-lawyer perspective.