Articles Tagged with marine corps

NMCCA has released a number of decisions.  Several have providency issues and issues not raised by appellate counsel.

United States v. Messias.  The court set-aside a finding of guilty to because of an inadequate providence inquiry.  No sentence relief granted.

While the providence inquiry establishes facts sufficient to demonstrate that the appellant drove on base and that he believed the driving to be wrongful, there are no facts developed which establish either the invalidity of the appellant’s license, if any, or in the alternative, his failure to have a valid license in his possession. We cannot infer either eventuality from this record. We are left with a substantial basis in fact to question this plea and conclude the military judge abused his discretion in accepting this plea on these facts.

Fox news reports that:

MyFox The AWOL soldier accused of trying to enter MacDill Air Force Base with weapons and ammunition in his car is not a terrorist and was merely “trying to impress” his girlfriend during the incident, his father said in an exclusive interview with . . . Officials said the couple tried to enter MacDill Air Force Base in Tampa, Fla., on Monday in a Honda CRV that contained three handguns, three rifles and some ammunition. reports that:

A man suspected of deserting the Army was accused of abusing a 16-month old. The toddler is on life support.

Edwards AFB reports that:

A technical sergeant assigned to the 95th Security Forces Squadron was convicted by Special Court-Martial June 11. A panel of seven officers found him guilty of committing Adultery and he was sentenced to a reduction in rank to senior airman and 90 days of hard labor without confinement.

Air Force reports that:

Air Force officials issued guidance banning the knowing use and possession of any substance, other than alcohol or tobacco, that is ingested to alter mood or function.

Arguably many items sold at GNC at the Exchange and in the Exchange could qualify?

The reports some more information on the Parris Island Marines:

A 26-year-old, gay Savannah man who claims two Beaufort Marines committed a hate crime against him last weekend was accused earlier this year of using racial slurs and trading punches with a black truck driver at a Georgia gas station. . . .

Savannah-Chatham Metro Police, the FBI and Marine Corps Air Station Beaufort officials still are trying to piece together an incident involving the same man June 12 near the intersection of Congress and Bull Streets in downtown Savannah. They also are trying to determine whether pending misdemeanor battery charges against the two Marines accused of beating him should be elevated to federal hate-crime charges.

Witnesses told Savannah-Chatham Metro Police the two Marines thought the gay man winked at one of them. One of the Marines responded by punching the alleged victim in the back of the head, knocking him unconscious.

Capital Flyer reports:

Over the past eight months, two flight engineers from the 99th Airlift Squadron, whose mission is to provide airlift support to distinguished VIPs including members of Congress, have been convicted by Special Courts-Martial of wrongfully using prescription medications. . . .

What makes these cases particularly frightening is that both of these flight engineers were on flying status and were flying missions during the time they were abusing prescription medications.

Note:  Joseph was prosecuted for the flying status violation and found not guilty.  I was his counsel.

Here is the daily journal entry for Navy TJAG certification of United States v. Hutchins.

No. 10-5003/MC. U.S., Appellant v. Lawrence G. HUTCHINS, Appellee. CCA 200800393. Notice is hereby given that a certificate for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals was filed under Rule 22 on this date on the following issues:


Pilot Online reports that:

For years, the top officer in the Virginia National Guard has had a paid position with a business run by one of his subordinate officers.

Newman promoted Bonanni to the assistant adjutant general’s post in 2008 while collecting a paycheck from his company.

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