NMCCA now has an RSS feed capability on their Opinions page. This allows you to set up in your browser, or if you wish to receive the feed in your Outlook. The benefit to your Outlook is that you get fairly quick notice of a new posting without having to check the website. You will still have to go to the website to read the case, but you get an alert. On that note, NMCCA has issued four new opinions.
United States v. Wagoner. “One liner.”
United States v. Nunes, III. “One liner.”
And do as adversaries do in law, Strive mightily but eat and drink as friends.
— From William Shakespeare’s The Taming of the Shrew
We wonder, after reading this admonition from the Bard, just how many lawyers these days manage to live up to it. Lawyers, let’s toss it over to you. Give a quick mental rundown of your opposing counsel and tally up the number of those people with whom you’d “eat and drink as friends.” We’re betting it’s few, if any.
Putting aside the applicability of the line to modern-day practice, it nevertheless inspired a federal judge in Philadelphia, Gene E.K. Pratter, to rule recently that, as part of a lesson in civility, two opposing lawyers must sit down and have a meal together. Click here for the story, from the Philly Legal Intelligencer.
Is the title of an article by Trista Talton – Staff writer, Marine Corps Times.
Posted : Monday Sep 21, 2009 6:26:12 EDT
It was supposed to be a game.
But now Nelson, 25, will spend the next eight years in prison for killing Malone with an accidental gunshot to the forehead — the result of a game gone terribly wrong, a game he and his fellow members of 2nd section, Scout Platoon, 2nd Tank Battalion, called “Trust.”
Reads a CBS News piece from SABILLASVILLE, Md., Sept. 21, 2009
Marine who Toured U.S. Touting Heroics in Afghanistan Exposed as Fraud
WASHINGTON — Two years after naval investigators uncovered a hazing scandal inside a Bahrain-based canine unit, including numerous cases of violent attacks and sex crimes, officials can’t say whether anyone was ever disciplined or demoted.
Naval investigators have confirmed 93 instances of hazing within the Bahrain Military Working Dogs Division. One sailor, who several times was forced to simulate oral sex on other men, was later kicked out of the Navy for being gay. Another committed suicide after being charged with failing to stop the abuse.
But naval officials say that as far as they are concerned, the case is closed, an embarrassing one-time problem that is now completely in the past.
Under Mil. R. Evid. 1102, if approved the change will become effective in courts-martials 18 months later (unless the DoD President says otherwise).
/tip federalevidence.com
2010 Judicial Conference and Continuing Legal Education Program
March 10 – 11, 2010
The Catholic University of America
Columbus School of Law
3600 John McCormack Rd, NE
Washington, DC
I posted an earlier decision of NMCCA about overcharging in CP cases.
NMCCA has issued a decision in United States v. Whelihan, on the same issue. No sentence relief because the MJ did do a United States v. Quiroz, 55 M.J. 334 (C.A.A.F. 2001) analysis.
NMCCA has also issued a decision in United States v. Wilson. No surprises here a factual sufficiency case in which the prosecution concedes one of three sufficiency claims.
There are two MJ related articles in the September issue.
A Specialized Society: Speech Offenses in the Military.
Prosecuting an HIV-Related Crime in a Military Court-Martial: A Primer.
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].
Court-Martial Trial Practice Blog
