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].
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?
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.
Here is an interesting commentary on:
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
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
"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.
Court-Martial Trial Practice Blog
