Articles Tagged with members jury

Leaks from Members (or sometimes military judges) occasionally give rise to appellate litigation.

Here is an interesting piece on federal evidence review:

Motion for new trial on criminal extortion and bribery case denied, despite juror’s statement to newspaper after the verdict that because the defendants did not testify, the juror reasoned that "[if] they were innocent, they would have testified.’”; since members of the jury did not learn of the defendant’s failure to testify through improper channels, the evidence of their discussions was not admissible under FRE 606(b) as it was not an extrinsic influence, inUnited States v. Kelley, 461 F.3d 817 (6th Cir. Aug. 31, 2006) (Nos. 05-1361, 05-1435)

1.  What ever happened to the Coast Guard O-6 in Alaska pending GCM for a host of offenses. 

The former Coast Guard Sector Anchorage Commander was awarded the maximum allowable punishment at an Admiral’s Mast Friday and will retire on July 1 in the grade of lieutenant with a general discharge in lieu of trial by a general court-martial.

Capt. Herbert M. Hamilton, III, was relieved of command in May 2009.  An investigation conducted by the Coast Guard Investigative Service revealed that Hamilton had inappropriate relationships with several women, including officer and enlisted Coast Guard members, and civilians, over a period of more than 13 years.  Hamilton also was charged with misusing government computers and cell phones; making false official statements; and soliciting an enlisted member to destroy evidence.  His retirement as a lieutenant in lieu of trial by a general court-martial is the result of a pretrial agreement and Hamilton’s unsatisfactory service in the grades of captain, commander, and lieutenant commander.

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