navy Tag Archives — Court-Martial Trial Practice Blog

Up periscope

October 17, 2010 | The Law Office of Philip D. Cave

I posted before about the CO of USS OHIO being detached for cause and the number of Navy CO’s DFC’d this year. Now Navy Times has obtained a copy of documents related this case which appears to include a copy of the command investigation.

The arrival of a birthday card in the ship’s mail addressed to Capt. Ronald Murray Gero, who was turning 56, marked the beginning of the end of his command of the guided-missile submarine Ohio.

It appears various members of the crew started collecting evidence, and then:

NMCCA decisions

September 3, 2010 | The Law Office of Philip D. Cave

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.

Courts-martial numbers down

June 12, 2010 | The Law Office of Philip D. Cave

CAAFLog blogged a while back about the declining numbers in Courts-Martials held. Navy Times reports this as a possible explanation for lower Navy numbers:

The overall number of sailors facing courts-martial has dropped dramatically during the past several years, Navy records show.

General courts-martial for the most serious offenses have fallen by nearly half, from 172 in 2005 to 94 last year. Court cases for lesser crimes have fallen by even more, according to data provided by the Navy’s judge advocate general.

CAAF decides ‘self-report’ case

May 6, 2010 | The Law Office of Philip D. Cave

In United States v. Serianne __ M.J. ___ (C.A.A.F. 2010), CAAF affirmed NMCCA’s dismissal of a charge that Chief Serianne failed to inform his command of a civilian conviction. Here is a link to the en banc opinion on an Article 62(b) interlocutory appeal by the government in Serianne, at NMCCA.

On its face the decision has narrow application to a particular Navy instruction. However, the case may impact any revision of the Navy instruction and also the directive that DoD initiated in 2008 on the subject of E-6 and above reporting their civilian convictions.

I have posted before about an April 2008 policy memorandum issues by DoD. The memorandum will require self-reporting of certain civilian convictions.

Up periscope

April 7, 2010 | The Law Office of Philip D. Cave

Gazette.com reports that:

An Army prosecutor Tuesday opened the trial of an Iraq war veteran by accusing him of the “ultimate betrayal” — raping a comrade’s wife.

Spc. Philip C. Vermeiren, 28, is accused of assaulting the woman early Oct. 31 during an alcohol-fueled party at the Fort Carson apartment she shared with her husband.

Up periscope

March 11, 2010 | The Law Office of Philip D. Cave

Army Times reports.The Army says a soldier who returned to a hero’s welcome in Wisconsin misrepresented his rank, badges and the origin of his injuries.

FayObserver reports:

The 11th juror was provisionally seated in the court-martial of Army Master Sgt. Timothy B. Hennis on Wednesday.