The following is the breakdown of sexual assaults involving midshipmen reported at the Naval Academy from 2001 to 2006, according to an analysis of documents:
49 cases of mids accused of sexual assault.
11 cases were dropped when alleged victims declined to participate in an investigation, leaving 38 cases to be investigated.
His true name remains unknown; he was called Kid by the military personnel at San Carlos Reservation in the southern Arizona Territory where he served with the US Army as an Indian scout intermittently from 1882-87. He became known as Apache Kid only after he was court-martialed on charges of desertion and mutiny following a skirmish at the reservation when he and four other scouts attempted to turn themselves in after being absent without leave for five days. It is McKannas thesis that Kid was caught between cultural loyalty to his Apache heritage and the flux of ever-changing military and civilian laws.
From a review of Clare V. McKanna, Jr., Court-Martial of Apache Kid, Renegade of Renegades, Texas Tech University (2009).
Review by: Edmunds, Robin Farrell. "Court-Martial of Apache Kid, Renegade of Renegades.(Book review)." ForeWord. ForeWord. 2009. HighBeam Research. 4 Aug. 2009 <http://www.highbeam.com>.
By Gidget Fuentes – Staff writer, Marine Times.
Posted : Monday Aug 3, 2009 21:23:33 EDT
Civilian attorneys get quite a few questions about expunging court-martial convictions.
The answer is no, it can’t be done in the same way that many states allow for an expungement. The closest way to have it removed from your record is to have a court-martial reversed for factual sufficiency at the CCA, or get a presidential pardon.
I don’t think it’s IAC not to tell the client about the lack of an expungement procedure. There are a myriad of collateral consequences so it seems to me that you should add this little item to your checklist of advice to the client.
In conspiracy to possess marijuana and illegal firearm possession prosecution, expert fingerprint testimony identifying the defendant’s thumb print on guns and ammunition was admissible under FRE 702 and Daubert even though the defendant raised “questions regarding whether fingerprint analysis can be considered truly scientific in an intellectual, abstract sense”; circuit extensively explored the current argument regarding admissibility of fingerprint evidence under the ACE-V (analysis, comparison, evaluation, and verification) process for determining matches applying the Daubert admissibility factors, in United States v. Baines, __ F.3d __ (10th Cir. July 20, 2009) (No. 08-2098).
FederalEvidenceBlog also accounts for the other circuits on how they rule on such issues.
August 01, 2009
Military.com
A Navy man accused of killing another Sailor at Camp Pendleton in Southern California took his own life Friday in his cell, officials said.
By Tim Smith • Staff writer • July 29, 2009
COLUMBIA — The U.S. Air Force Reserve considered disciplinary measures against Gov. Mark Sanford over his extramarital affair but has decided to take no action, his command office told The Greenville News.
CAAF has issued an opinion in United States v. Smead, __ M.J. ___ (C.A.A.F. 2009). Chief Judge Effron wrote the opinion for Judges Baker and Stuckey, and Judges Ryan and Erdmann concurred in the judgment.
Here is an interesting post by Prof. Colin Miller on his EvidenceProfBlog about search incident to seizure.
How many clients ask about property taken by law enforcement and not promptly returned, or had their personal property lost or stolen while they are in pretrial confinement?
There are several methods I’ve used to jog the system, sometimes successfully.
a. Property seized in a search with no evidentiary value: Ask the TC and case agent for an accounting and return of property not considered of evidentiary value; make a motion for return of property, citing as analogy Fed. R. Crim. Pro. 41(g);
Court-Martial Trial Practice Blog
