ucm Tag Archives — Court-Martial Trial Practice Blog

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.

Up periscope – 180110

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

USA Today reports the LTC shoplifting case:

A U.S. Army lieutenant colonel facing court-martial on a shoplifting charge blames the Army for mistakenly reducing the medicine he takes to curb his urge to steal.

Army Times reports:

Impeachment by prior conviction

January 9, 2010 | The Law Office of Philip D. Cave

Every so often the comes up of impeachment by prior conviction under Mil. R. Evid. 609. The reminder is that:

The fact of a pending appeal does not defeat admission, but it may be brought up and discussed. Mil. R. Evid. 609(e).

A summary court-martial may not be used to impeach under this rule. There may be other ways to impeach with conduct subject to discipline at a summary court-martial, but not Mil. R. Evid. 609. (Further evidence that an SCM is not considered a “conviction?”)