Court-Martial Trial Practice Blog

DADT

October 8, 2009 | The Law Office of Philip D. Cave

Air Force Academy Censors Professor for Discussing Gays in the Military

New Data Show Lesbian Discharges in Air Force Are Disproportionate; Lt. Col. Is Reprimanded and Removed From Classroom

SANTA BARBARA, Calif., Oct. 8 /PRNewswire-USNewswire/ — The Palm Center has learned that a Lieutenant Colonel who taught at the Air Force Academy in Colorado Springs, CO, was punished and barred from teaching after she invited three Academy alumni to campus to discuss sexual minorities in the military. The professor, Lt. Col. Edith A. Disler, told Palm Center researchers that the classroom visit was approved by her course director, but Academy officials pulled her from the classroom anyway, launching an investigation that ended in a formal reprimand based on the subject matter discussed.

PR Newswire.

Smith and instructions.

October 8, 2009 | The Law Office of Philip D. Cave

Here is a CNN piece on United States v. Smith.

Dog handler appeals conviction in Abu Ghraib case.

He’s already served the time, but lawyers Thursday argued to clear his name as onetime U.S. Army Sgt. Michael Smith appeals a conviction for the torture of detainees once held at the Abu Ghraib prison in Iraq.

Convicted terrorists get more appeal rights?

October 8, 2009 | The Law Office of Philip D. Cave

CAAFLog has pointed to the following article:

Appellate review of military commissions, Thursday, October 08, 2009, Eugene R. Fidell, on Balkinization.

As Mr. Fidell points out, a “terrorist” tried and convicted at Guantanamo in a military commission has more appellate rights than the service-members who may have captured them and the service-members who are guarding them

Update:

October 8, 2009 | The Law Office of Philip D. Cave

For those who like to drill down into the why’s, here is a link to the (660 page) Conference Report on the National Defense Authorization Act for FY 2010, with the Joint Explanatory Statement of the Committee of the Conference.

For example here is one item, at page 83 (or 134 if viewing .pdf in Adobe/Nitro).

Public percerption

October 8, 2009 | The Law Office of Philip D. Cave

Here is how the blog Suits & Sentences reports United States v. McPherson.

Army deserter lands honorable discharge, somehow

An odd case recently resolved by the U.S. Army Court of Criminal Appeals shows how a soldier convicted of desertion can still take home an honorable discharge. It’s all a matter of timing and regulatory ambiguity.

It’s still happening. I remember in my days as deputy at Navy Appellate Defense the occasional question from clients: “I just got an honorable discharge in the mail, what do I do?”

Up periscope

October 8, 2009 | The Law Office of Philip D. Cave

Eyewitness 9 News article by Amy Kibler, October 6, 2009

A Camp Lejeune Marine’s court-martial proceedings begin tomorrow.

Public Affairs says Gunnery Sergeant William Augurson, Jr. faces child endangerment and drunken disorderly conduct charges.

DOD Authorization Act Conference Committee Report.

October 8, 2009 | The Law Office of Philip D. Cave

Thanks to CAAFLog, here is a link to the above report.

Here are the most pertinent sections affecting military justice trial practitioners.

SEC. 512. MEDICAL EXAMINATION REQUIRED BEFORE ADMINISTRATIVE SEPARATION OF MEMBERS DIAGNOSED WITH OR REASONABLY ASSERTING POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN INJURY.