UCMJ Tag Archives — Page 46 of 51 — Court-Martial Trial Practice Blog

Not surprised

December 20, 2009 | The Law Office of Philip D. Cave

Why am I not surprised by Issue III. See one of my earlier blogs — The Prosecutor’s Gamble. I’ve blogged several times about trial counsel “suppression” of evidence or information favorable to the defense, despite frequent public relations statements and appellate cases lauding the more open discovery to which a court-martial accused is entitled to under the UCMJ.

The military justice system provides for broader discovery than required by practice in federal civilian criminal trials. See United States v. Williams, 50 M.J. 436, 439-40 (C.A.A.F. 1999).

Statutory and implemental regulatory discovery rights of a military accused are more generous than the constitutional discovery rights of his civilian counterpart. See, e.g., United States v. Simmons, 38 M.J. 376 (C.M.A. 1993); United States v. Green, 37 M.J. 88 (C.M.A. 1993); United States v. Eshalomi, 23 M.J. 12 (C.M.A. 1986).

No Coast Guard leadership?

December 19, 2009 | The Law Office of Philip D. Cave

The Article 32, UCMJ, hearing for a Coast Guard O-6 accused of fraternization, adultery, and other offenses with enlisted and junior officer personnel is finished. An IO report is pending and then a CA decision. If the information reported as to the general nature of the case is true then it looks like the O-6 is on his way to trial or an OTHIL if he’s lucky.

Coast Guard Report is the blog questioning an absence of leadership related to disciplinary matters within the USCG.

Some good and bad news

December 18, 2009 | The Law Office of Philip D. Cave

Sexual assault allegations at the USAFA have dropped, but risen at the other academies. But they have dropped overall. The report does not indicate the disposition of the cases – founded or unfounded, court-martial or other disciplinary actions under the UCMJ.

Marine Times reports

Get pregnant-get someone pregnant, go to jail

December 18, 2009 | The Law Office of Philip D. Cave

It is a possibility:

The Army general commanding U.S. forces in northern Iraq has added pregnancy to the list of prohibitions for personnel under his command.

The policy, which went into effect Nov. 4, makes it possible to face punishment, including a court-martial and jail time, for becoming pregnant or impregnating a servicemember, according to the wording of the policy and confirmations from Army officials.

Coast Guard 32 done

December 18, 2009 | The Law Office of Philip D. Cave

The military’s case against a Coast Guard captain accused of violating military code wrapped up Thursday with the officer’s lawyers admitting their client committed adultery and fraternized with enlisted women — but, they said, his behavior was not criminal.

Anchorage Daily News reports.

Here are some factors that will be considered by the IO, the SJA, the CA, and . . .

Navy Article 120 decision

December 17, 2009 | The Law Office of Philip D. Cave

The Navy-Marine Corps Court of Criminal Appeals released today its en banc decision in United States v. Medina, No. 200900053, __ M.J. __ (N-M. Ct. Crim. App. Dec. 17, 2009). The main portion of the opinion focuses on Art. 120. The majority finds Art. 120 facially constitutional, citing United States v. Crotchett, __ M.J. ___, No. NMCCA 200800770 (N-M. Ct. Crim. App. May 12, 2009) (en banc), the court’s prior decision on Art. 120.

So begins a post on CAAFLog

Hasan update

December 17, 2009 | The Law Office of Philip D. Cave

Rumor has it that there are now 12 trial counsel assigned to the prosecution of Major Nidal Malik Hasan, at least one of whom has military death penalty litigation experience.

The defense remains at three with Mr. Galligan and two military defense counsel, none of whom have death penalty experience under the UCMJ.

The Army psychiatrist charged with fatally shooting 13 people at Fort Hood last month has been moved from a hospital intensive care unit to a private room, his attorney said Wednesday. Maj. Nidal Malik Hasan remains under guard at Brooke Army Medical Center in San Antonio and is rehabilitating from wounds that left him paralyzed from the waist down.

25% of Army pending prosecution-discharge for drug abuse

December 16, 2009 | The Law Office of Philip D. Cave

The wrongful use of prescription medications is an offense under Article 112a, UCMJ.

About one in four soldiers admit to abusing prescription drugs, most of them pain relievers, in a one-year period, according to a Pentagon health survey released Wednesday.

The study, which surveyed more than 28,500 U.S. troops last year, showed that about 20 percent of Marines had also abused prescription drugs, mostly painkillers, in that same period.

Stolen valor guilt 1 — remorse unknown

December 16, 2009 | The Law Office of Philip D. Cave

A Palm Springs man who surprised former classmates at his high school reunion in Martinez when he showed up in a Marine Corps uniform has pleaded guilty to wearing military medals that he never earned.

He will face as much as a year in prison and up to a $100,000 fine when he is sentenced March 1. He remains free on $10,000 bond.

The SFGate reports.

Around military justice

December 14, 2009 | The Law Office of Philip D. Cave

A Fort Benning soldier has been sentenced to life in a military prison for the slaying of an Army trainee who was repeatedly stabbed with a knife in his barracks last year.

Reports WDBJ7.com.

A hearing will be held at 2 p.m. Tuesday for Capt. Herbert “Mark” Hamilton III, who was charged Nov. 3 with multiple offenses, including indecent acts, sodomy, fraud and conduct unbecoming an officer.