And here is an Air Force Times report:
When Rohan Coombs joined the Marine Corps, he never thought one day he would be locked up in an immigration detention center and facing deportation from the country he had vowed to defend. . . .
The estimates are of about 8000 non-U.S. citizens enlisting to serve in the U.S. armed forces in any given year.
United States v. Pippins, is a reminder that when a person possesses drug for a persons own use and/or distribution, the possession is an LIO of the use or the distribution.
A review of multiplicity in this case centers on whether the appellant’s possession of BZP is in the same act or course of conduct with her use and distribution of BZP. See United States v. Paxton, 64 M.J. 484, 490 (C.A.A.F. 2007); United States v. Teters, 37 M.J. 370, 373 (C.M.A. 1993). Possession is a lesser included offense of both use and, under the facts of this case, distribution. See MANUAL FOR COURTS-MARTIAL, UNITED STATES (2008 ed.), Part IV, ¶ 37d. See also United States v. Zubko, 18 M.J. 378, 385-86 (C.A.A.F. 1984).
Thus, any time an accused is charged with both use and possession or distribution and possession of the same amount, there should be a dismissal for multiplicity.
Here is a link to the 29 September 2010, JAGINST 5813.1B, Standardization of General Courts-Martial and Special Courts-Martial Verbatim and Summarized Records of Trial.
Thanks to LawProfsBlog here is a link to an interesting article:
Regulating the Plea-Bargaining Market: From Caveat Emptor to Consumer Protection
Stephanos Bibas, University of Pennsylvania Law School, U of Penn Law School, Public Law Research Paper No. 10-33, California Law Review, Vol. 99, Forthcoming
For all of the criticisms of military justice and the UCMJ, you don’t have this at court-martial as tipped by Sentencing Law & Policy blog.
Cargill, a federal public defender, was perturbed by a rarely discussed U.S. court rule that critics say conflicts with the presumption of judicial openness. In the Western District of Virginia, as in many other U.S. court districts, a probation officer makes a secret sentencing recommendation to the judge. Cargill accidentally saw the probation officer’s recommendation for his client. The report was "misleading and inaccurate," Cargill wrote in a protest letter. (Emphasis added.)
Here is a link to the full article in the Roanoke (VA) Times.
Leaks from Members (or sometimes military judges) occasionally give rise to appellate litigation.
Here is an interesting piece on federal evidence review:
Motion for new trial on criminal extortion and bribery case denied, despite juror’s statement to newspaper after the verdict that because the defendants did not testify, the juror reasoned that "[if] they were innocent, they would have testified.’”; since members of the jury did not learn of the defendant’s failure to testify through improper channels, the evidence of their discussions was not admissible under FRE 606(b) as it was not an extrinsic influence, inUnited States v. Kelley, 461 F.3d 817 (6th Cir. Aug. 31, 2006) (Nos. 05-1361, 05-1435)
Air Force Times reports:
A U.S. soldier was taken into custody after an Afghan detainee was found dead in his cell, apparently from a gunshot wound, NATO said in a statement Tuesday night.
Military.com reports:
World Net Daily quotes Neal Puckett as follows:
He confirmed to WND that there will be new directions for the defense, but could not elaborate.
"All I can really say is the case is going to be handled differently from here on out," he said.
Federal Evidence Review references:
In conspiracy and arson trial, reversing and remanding when trial court failed "to make adequate inquiries regarding news stories" that appeared during deliberations and their impact on juror’s deliberations; the judge erroneously failed to explore "whether any juror heard any of the information" and its impact on the jury, in United States v. Waters, __ F.3d __ (9th Cir. Sept. 15, 2010) (No. 08-30222)
The Ninth Circuit recently considered the trial court’s responsibilities to make specific inquiry of jurors when "adverse publicity occurs during deliberations" of the jury. The case can help clear up confusion about the role of the trial court, particularly in light of FRE 606(b) limiting inquiry into a verdict.
Here SignOn San Diego reports the unusual situation of public release of pretrial agreement “discussions.”
The Coast Guardsman piloting the boat that killed 8-year-old Anthony DeWeese might have served a year or less in prison if his lawyers had pursued a plea deal dangled by the prosecution.
It is unclear how the emails surfaced publically.
Court-Martial Trial Practice Blog
