miller Tag Archives — Court-Martial Trial Practice Blog

Collateral effects

March 20, 2012 | The Law Office of Philip D. Cave

On 20 March 2012, NMCCA decided United States v. Jones; and in doing so they have answered a question that was not unexpected, but took a little while to come.

In United States v. Miller, 63 M.J. 452 (C.A.A.F. 2006), CAAF decided prospectively that defense counsel must advise a client about the DoD sexual offender registration requirements when negotiating a PTA.

The question is how detailed must the advice be and what about additional state law requirements. There any number of offenses not listed in the current version of DODI 1325.7 where states now require registration.

ACCA and LIO’s

October 29, 2010 | The Law Office of Philip D. Cave

United States v. Moore, decided 28 October 2010.

Appellant alleges, inter alia, that assault with intent to commit rape is not a lesser-included offense of rape under United States v. Jones, 68 M.J. 465 (C.A.A.F. 2010) and that his conviction should be set aside. We agree, and provide relief in our decretal paragraph. Because we decide the case on the basis of this assignment of error, we do not consider appellant’s other allegations.

Also a quick note about “notice.”

Up periscope – 190110

January 19, 2010 | The Law Office of Philip D. Cave

Army authorities are now claiming that Galesburg soldier Spc. Billy Miller had [AP] on his computer as well as alleged [CP] . Miller’s tour in Afghanistan has been involuntarily extended by the army while it investigates charges of possession of [CP] and failing to obey a general order. . . . But now military officials say the failing to obey a general order charge relates to pornography involving adults found on the Illinois National Guard soldier’s computer. Soldiers are not allowed to possess pornography in Afghanistan[.]

Galesburg.com reports.

A child pornography charge and a related count filed against an Illinois Army National Guard soldier in Afghanistan do not stem from family photos of a young relative, a U.S. Army spokesman told The Associated Press on Tuesday. . . . "In this case however, it was important to set the record straight with regards to the photos of the (relative) being portrayed as evidence leading to [CP] charges in this case. They are not," Clementson wrote.

Galesburg CP case

January 18, 2010 | The Law Office of Philip D. Cave

Here is a little more information about the NG soldier held in Afghanistan pending court-martial for alleged CP sent to him by his mother.

The family of an Illinois National Guard soldier believes he was wrongly accused of possessing child pornography by a friend he had recently argued with.

Rodney and Terri Miller told the Galesburg Register-Mail that their son, Specialist Billy Miller, had a falling out with a friend Afghanistan, and the friend subsequently reported seeing inappropriate pictures on Billy Miller’s laptop.