Court-Martial Trial Practice Blog

Birther update.

September 18, 2009 | The Law Office of Philip D. Cave

Courtesy of Christopher Matthews at CAAFLog.

CPT Rhodes yesterday filed an “Emergency Request for Stay of Deployment,” alleging that her suit raises issues “of truly historical, in fact epic and epochal, importance” which demand reconsideration. Accusing the President of “fraud and trickery against the American People [sic],” the captain avers that she “objects to every order entered under the authority of this illegitimate regime.” She argues that should she deploy, she may be subject to international criminal sanction for violations of the Geneva Convention. CPT Rhodes’ request is available here: [PDF].

The Court unsurprisingly denied the request today, and has ordered Ms. Taitz to appear and show cause why she should not be sanctioned. The order can be seen here: [PDF].

Police theft.

September 18, 2009 | The Law Office of Philip D. Cave

Airman Charged With Thefts From Police

September 18, 2009, Tulsa World

TULSA, Okla. — Several electronic gadgets that were stolen from the Tulsa Police Department were recovered when officers investigated a member of the military who was assigned to the agency’s Special Investigations Division, police said.

This resonated with me a little because I had a case from this base some years ago where the thefts went the other way around – SF police to the local police. Where they getting the stolen items back?

More on the birthers lawyer.

September 18, 2009 | The Law Office of Philip D. Cave

I recently posted the current status of a military birther law suit the other day. Subsequently the attorney filed a motion for reconsideration.

Now a CA licenced attorney has filed an ethics complaint against Orly Taitz, for the rather choice language in the reconsideration request.

/tip “Paul” a commentator on CAAFLog.

Calley and Chessani.

September 17, 2009 | The Law Office of Philip D. Cave

Here is an interesting commentary on:

Justice lag

Lt Col Jeffrey Chessani, a Marine Corps officer charged with failing to report or investigate the killings in Haditha, photographed at Camp Pendleton in June 2008. Charges against Chessani – and against six of the other seven men facing courts-martials – have since been dropped. Denis Poroy / AP

Shoplifting.

September 17, 2009 | The Law Office of Philip D. Cave

Did Iraq veteran’s PTSD spark his shoplifitng charge? By Julia O’Malley | Anchorage Daily News.

Do you have client accused of shoplifting, a senior officer or senior enlisted perhaps, a really good person who no-one would have imagined as stealing from the Exchange? Can you explain that?

For some years I have successfully argued from this book (e.g. in a Gen. Off. Art.15, or with the AFBCMR).

Will Cupchik, Why Honest People Shoplift or Commit Crimes of Theft (Revised), Tagami Comms., 2002

The other side of Calley.

September 17, 2009 | The Law Office of Philip D. Cave

"My Lai Mea Culpa" Hits Close to Home for UMKC Professor

John Holt FOX 4 Web, September 16, 2009.

Here is a link to some “history” of My Lai.

More on the “birthers.”

September 16, 2009 | The Law Office of Philip D. Cave

I have posted about various federal law suits by military officers seeking to avoid deployments because they do not believe President Obama is lawfully the present – here, here, and here.

In one of those posts I asked the question about possible sanctions against the plaintiff and/or the plaintiffs lawyer for bringing frivolous law suits.

The most recent filing was on behalf of Captain Rhodes, a medical doctor who did not want to deploy – posted here, under the title, “They take the Queens shilling.”

3 Carson soldiers face sex crimes trials

September 16, 2009 | The Law Office of Philip D. Cave

September 15, 2009 1:56 PM

TOM ROEDER, THE GAZETTE

Two Fort Carson soldiers are scheduled for courts-martial this month for alleged sex crimes.
The two privates from a bomb-disposal unit will be in court charged with the forcible rape of a female soldier at the post.
Another sex crime trial that had been scheduled for this week has been delayed, the Army said.
Sgt. Stanley Justice was scheduled to be tried Friday on charges that he fondled a woman earlier this year, possessed child pornography and distributed the prescription pain-killer oxycodone. He’s assigned to the post’s Warrior Transition Unit, which houses soldiers who were injured at war until they’re healed or discharged.

Criminal Responsibility of War Veterans with PTSD.

September 16, 2009 | The Law Office of Philip D. Cave

Here’s a useful and timely article.

Hafemeister & Stockey on Criminal Responsibility of War Veterans with PTSD

Thomas L. Hafemeister (University of Virginia School of Law) and Nicole A. Stockey have posted Last Stand? The Criminal Responsibility of War Veterans Returning from Iraq and Afghanistan W ith Post-Traumatic Stress Disorder (Indiana Law Journal, Forthcoming) on SSRN. Here is the abstract:

As more psychologically-scarred troops return from combat in Iraq and Afghanistan, society’s focus on and concern for these troops and their psychological disorders has increased. With this increase and with associated studies confirming the validity of the Post-Traumatic Stress Disorder (PTSD) diagnosis and the genuine impact of PTSD on the behavior of war veterans, greater weight may be given to the premise that PTSD is a mental disorder that provides grounds for a “mental status defense,” such as insanity, a lack of mens rea, or self-defense. Although considerable impediments remain, given the current political climate, Iraq and Afghanistan War veterans are in a better position to succeed in these defenses than Vietnam War veterans were a generation ago. This Article explores the prevalence and impact of PTSD, particularly in war veterans, the relevance of this disorder to the criminal justice system, and the likely evolution of related mental status defenses as Iraq and Afghanistan War veterans return from combat.

/tip CrimProfBlog

UCI during the “investigative stage.”

September 16, 2009 | The Law Office of Philip D. Cave

NMCCA has issued an opinion in United States v. Glass. This reads like another of the “can they do that,” cases I come across often. During the investigative stages clients constantly want to know “can they do that.” NMCCA’s answer is – well, yes they can – there is nothing illegal going on here.

Here appellant raised the issue of implied UCI during the investigative stages of his case for the first time on appeal. My sense is they were trying to channel Chessani for a win.

Bottom line: