Court-Martial Trial Practice Blog

Back to real law

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

Here is an interesting technology case from the Third Circuit as reported by the Wall Street Journal blog.

Technology has made it increasingly easy for the government to track an individual’s whereabouts.

But on Tuesday, a three-judge panel of the Third Circuit ratcheted back the government’s surveillance power, finding that judges have the right to require warrants before police get cell phone records that could pinpoint a customer’s location. Clickhere for the AP story; here for the Legal Intelligencer story; herefor the opinion, written by Judge Dolores Sloviter.

Up periscope

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

North Country Times and Marine Corps Times report:

[T]he trial for Staff Sgt. Frank Wuterich was delayed until Nov. 1 because a key prosecution witness, a Naval Criminal Investigative Service agent, had a bad accident and is recovering from surgery.

Air Force Times reports:

More on LTC Lakin from the motions hearing – IV

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

And now for the political question doctrine.

See fn. 2., I believe at one point Mr. Jensen was complaining that the military judge wasn’t going to apply any “civilian” cases.

See fn. 3., for the judge’s rather sparse treatment of the de facto officer doctrine.

More on LTC Lakin from the motions hearing – III

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

And now for some history. Those with some basic familiarity with military law and who have been following the blogs of those with military law experience will recognize the cases cited.

More on LTC Lakin from the motions hearing – II

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

From the conclusions of law:

More on LTC Lakin from the motions hearing

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

I posted a tease here, and it didn’t take long for Dwight “My Liege” Sullivan to crack the code.

In other words, Judge Lind used the word “embarrassment” in precisely the political question doctrine context (and using almost exactly the same words) as CAAF in New and the Supremes in Baker v. Carr. And all the breathless birther commentary saying that she was attempting to avoid personal embarrassment to President Obama is just so much guano.

As always one has to admire Dwight’s pithy commentary. OK, here is some more (working from a “bigger” computer, netbooks have some limitations).

Should LTC Lakin be embarrassed?

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

Some reporting of last weeks Article 39(a), UCMJ, hearing appears to attribute the military judge’s ruling to a desire to save the president embarrassment. I believe this is a gross distortion of a small part of what the military judge said. I was there and heard her read her findings and conclusions which were then made a part of the record of trial and available to the parties. These are the relevant references.

The above is from the discussion of the political question doctrine. The sole use of the word embarrassment is here:

Does the above compute with what World Net Daily or others have said? You decide.

Humor in military uniform law

September 4, 2010 | The Law Office of Philip D. Cave

Here is a link to the 3 September 2010 Federal Register for the recent MCM amendments signed by The President.

And the humor you say – – – –

Hat tip to Native and Natural Born Citizenship Explored blog (a not a birther blog).

Coast Guard boat crash update

September 4, 2010 | The Law Office of Philip D. Cave

San Diego online reports:

Three San Diego Coast Guard boat crew members will face the military version of a preliminary hearing beginning Tuesday for the Dec. 20 crash that killed an 8-year-old Rancho Peñasquitos boy.

The top charge, involuntary manslaughter, is against Ramos. Howell and Rasmussen are charged with negligent homicide. Coast Guard officials have said it may be the first time in modern memory that any member of the Coast Guard has been charged with manslaughter for actions taken in the course of duty.

Up periscope

September 4, 2010 | The Law Office of Philip D. Cave

Navy Times reports:

The Navy says it’s unlikely to charge the parent who ran over and killed a 2-year-old at Norfolk Naval Station.

But NCIS is still investigating.