Articles Tagged with UCI

North County Times reports:

That the military judge “ruled prosecutors must show beyond a reasonable doubt that unlawful command influence hasn’t tainted the manslaughter case against a Camp Pendleton Marine accused of taking part in the 2005 slayings of 24 Iraqi civilians.”  This means the defense was successful so far in showing sufficient evidence to shift the burden to the prosecution to prove no UCI.

Marine Corps Times reports:

Eight Marines were charged in the biggest criminal case against U.S. troops to arise from the Iraq war. Six have had charges dismissed, and one was acquitted.

Whether the only remaining and perhaps highest-profile defendant stands trial may hinge on what happens this week in a military courtroom.

When a judge decides a motion at court-martial they will present the facts they have found, discuss the law, and make their conclusion.  On appeal, when the military judge makes proper findings of fact, the court will accept those facts for the purpose of review unless there is an abuse of discretion and the facts found are “clearly erroneous.”

C.A.A.F. seems to have this definition, among several, of what clearly erroneous means.

At least one court has defined the clearly-erroneous standard by stating that it must be "more than just maybe or probably wrong; it must … strike us as wrong with the force of a five-week-old, unrefrigerated dead fish." Parts and Electric Motors Inc. v. Sterling Electric, Inc., 866 F.2d 228, 233 (7th Cir. 1988).