UCMJ Tag Archives — Page 43 of 51 — Court-Martial Trial Practice Blog

SEAL update

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

Navy prosecutors have asked a judge to delay the trials of two SEALs accused in connection with the alleged assault of a reported al-Qaida terrorist — apparently because of evidence issues.

Navy Times reports.

If as is indicated there are classified document issues, then it is clear this trial will take time to complete. Having participated in many classified trials, with one ongoing, over the years I would say that it will take several months to resolve the issues. Each of the counsel may well have to get security clearances established. The time to get clearances will be a function of the classification levels involved. And then there may be Mil. R. Evid. 505 issues.

Cold dead fish

January 4, 2010 | The Law Office of Philip D. Cave

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).

Behenna update

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

CAAFLog has this case among the Top-10 for 2009.

Vicki Behenna has 10 minutes to plead her son’s case.

Where does she begin?

Shoplifting up

January 2, 2010 | The Law Office of Philip D. Cave

A pun too close to call. Article 15 and court-martial could be on the horizon for more Marines.

Smile, you’re on security cameras.

Despite the field overhead of video surveillance at the exchanges aboard Camp Lejeune and Marine Corps Air Station New River, N.C., Marines are betting the odds they won’t get caught stealing.

Major Hasan and his restriction

December 31, 2009 | The Law Office of Philip D. Cave

Attorney John Galligan says Maj. Nidal Hasan has excessive restrictions — including a rule barring any visitors when his attorneys are in his hospital room.

Air Force Times reports.

This same rule operates at the pretrial confinement facility. The Brigs are pretty good about letting counsel in to visit for “legal visits.” But there are restrictions on mingling of family visits and “professional” visits.

Text MG Cleveland’s letter to Rep. Burton

December 31, 2009 | The Law Office of Philip D. Cave

Dear Representative Burton,

Thank you for your letter expressing your and your colleagues concern regarding the pending Courts-martial of Petty Officers Huertas, McCabe, and Keefe. I understand your interest in these cases and can assure you that I am committed to protecting the rights of the Sailors who have been accused.

Regrettably it appears that your perception of the incident is based upon incomplete and factually inaccurate press coverage. Despite what has been reported, these allegations are not founded solely on the word of the detainee, but rather, were initially raised by other U.S. service members. Additionally, the alleged injuries did not occur during actions on the objective, as is also being widely reported in the media. A medical examination conducted at the time the detainee was turned over to U.S. forces determined that his alleged injuries were inflicted several hours after the operation had ended, and while in the custody and care of the U.S. at Camp Schweidler’s detainee holding facility.

Special sentencing for vets

December 31, 2009 | The Law Office of Philip D. Cave

Should military veterans get a break when they are sentenced for crimes?

Asks a piece in the Wall Street Journal. This is interesting in light of some discussion on CAAFLog about sentencing in court-martial and sentence ranges under the UCMJ. Seems some civilian judges are more interested in giving a sentence based on the whole person and individualized rather than a set amount.

“We dump all kinds of money to get soldiers over there and train them to kill, but we don’t do anything to reintegrate them into our society,” says John L. Kane, a federal judge in Denver.

Saving the SEALS

December 31, 2009 | The Law Office of Philip D. Cave

Army Maj. Gen. Charles Cleveland has responded to a letter that challenges the handling of a case against three Navy SEALs accused of mishandling a suspected terrorist.
In the Dec. 15 letter, addressed to Rep. Dan Burton, R-Ind., Cleveland essentially refuses to drop the charges against the three men.

"While the assault and resulting injury to the detainee were relatively minor, the more disconcerting allegations are those related to the sailor’s attempts to cover-up the incident," said Cleveland, who writes that this appears to be an attempt to influence the testimony of a witness.

Cleveland writes that the "alleged allegations are not founded solely on the word of the detainee, but rather, were initially raised by other U.S. service members."

Who am I

December 29, 2009 | The Law Office of Philip D. Cave

State Department investigators say Chief Engineman (SW) Arturo Puente at Jacksonville’s Mayport Naval Station has used a false name for the last 22 years while working at U.S. embassies in Rome and Panama, according to the Florida Times-Union newspaper.

Navy Times reports. No indications of a court-martial or any UCMJ violations.

Do you trust me game continues

December 28, 2009 | The Law Office of Philip D. Cave

Airman 1st Class Corey Hernandez pulled the trigger. Nothing was supposed to happen, except the metallic click of the hammer striking the firing pin.

Instead, the pistol fired.

Until Dec. 10, when the 23-year-old Garcia died, the Air Force had not had any reported incidents of airmen playing Trust.