Articles Tagged with double jeopardy

Everyone remembers Pierce and Pierce credit – right.  DMLHS at CasaCAAFLog has found this interesting opinion from the federal district court.

This case is before the court on defendant’s motion to dismiss (no. 6). At issue is whether the United States government, consistent with the constitutional requirement of due process, may prosecute a military servicemember in a civilian court for a crime committed on a military installation when the servicemember (a) has already received “non-judicial punishment” pursuant to Article 15 of the Uniform Code of Military Justice, 10 U.S.C. § 815 (“Article 15”); (b) has thereby waived his right to trial by court martial; (c) has not been told that he would be prosecuted in a civilian court anyway; and (d) could have foreclosed both non-judicial punishment and the civilian prosecution by asserting his right to a court-martial. While defendant argues several grounds for dismissal, the court grants the motion on the ground that under the circumstances presented here, this civilian prosecution violates defendant’s right to due process of law under the Fifth Amendment to the Constitution.

Anticipate some change in procedures at Quantico.

An airman shot during a disagreement with a fellow airman appeared indecisive about what actually happened in a Rapid City apartment last September.

Piland recalled fighting with Santana and holding him in a choke hold, but did not remember statements he made to civilian investigators. He also had no recollection of portions of his testimony before a Pennington County grand jury.

Santana initially faced charges in Pennington County for shooting Piland three times. Those charges were dropped and he was turned over to military authorities for prosecution in October.

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