Articles Tagged with general court-martial

Not all states allow a prior court-martial conviction into evidence.  But as the decision in Oliver v. Commonwealth, 60 S.E. 2d 567 (2005), shows, the Commonwealth of Virginia considers a prior special court-martial conviction admissible in sentencing.

In principle, we accept that certain "wholly unconstitutional" convictions can be collaterally attacked and disqualified for consideration during sentencing. United States v. Tucker, 404 U.S. 443 (1972).  But, when available, the collateral attack remedy would not be offered on the ground that the invalid UCMJ conviction rested on something other than the "laws of … the United States" as that phrase appears in Code § 19.2-295.1. Instead, the invalid UCMJ conviction would be excluded from trial, if at all, because it violated a higher law of the United States: the Federal Constitution.

In any event, we need not address Oliver’s hypothesis further. He does not raise on appeal any constitutional objections in contest of his UCMJ convictions.

An Air Force colonel will be forced to retire as a first lieutenant, an Air Force review determined.

Col. Michael D. Murphy, convicted in April 2009 by a general court-martial for failing to tell the Air Force he was disbarred as an attorney in 1984, will be retired from the Air Force effective April 1 as a first lieutenant, Air Force spokesman Lt. Col. Barbara Carson said Monday.

By operation of 10 U.S. Code Sec. 1407, his monthly retirement check will be based on the amount of his last check.  That last check will be based on his being an O-2 with 20 plus years of service.  $4377.30 is the current rate for over 20 years, still nothing to sniff at under the circumstances.

Contact Information