Articles Tagged with Post-trial

Sentencing Law & Policy (an excellent site) has this post which may be of some interest to those dealing with post-confinement issues.

The Third Circuit has today issued an interesting opinion concerning supervised release conditions for a repeat sex offender.  The ruling in US v. Heckman, No. 08-3844 (3d Cir. Jan. 11, 2010) (available here), gets started this way:

Arthur William Heckman was indicted and pled guilty to one count of transporting child pornography, in violation of 18 U.S.C. § 2252(a)(1).  He was sentenced to 180 months’ imprisonment, followed by a lifetime term of supervised release.  On appeal, Heckman challenges three “Special Conditions of Supervision” imposed by the District Court for the remainder of Heckman’s life: 1) an unconditional ban on Internet access; 2) a requirement that he participate in a mental health program; and 3) a restriction on any interaction with minors.  While we affirm the mental health condition, we vacate the other challenged conditions and remand for resentencing consistent with this opinion.

Clemency & Parole after a lengthy court-martial sentence can be hard to get.  For Navy and Marine Corps cases parole requires a parole plan and a place to live.

The Camp Pendleton-based squad leader is serving an 11-year sentence for killing an unarmed Iraqi civilian. But the sheriff in his hometown in Massachusetts wants to hire him. Reporting from San Diego – A Marine from Camp Pendleton, convicted of murdering an unarmed Iraqi civilian, has a job waiting with the sheriff’s department in his hometown in Massachusetts once he is released, a Navy parole board was told Wednesday.

LA Times reports.

The CGCCA has issued a 2-1 opinion in United States v. Lucas, and it is likely a case to watch with CAAF.

The CGCCA has been the most vigilant of the services in protecting an accused’s post-trial rights, so the decision in this case seems odd.  There is no evidence that any of the proper procedures were followed in this case except for allowing the defense counsel to review the ROT.

Also, there is no clemency materials submitted by either the defense counsel or accused.  Did the defense counsel contact the appellant?  Did the appellant have anything to submit?

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