Court-Martial Trial Practice Blog
Navy Times reports: Two midshipmen were expelled from the Naval Academy on Tuesday for use or possession of synthetic marijuana, the academy confirmed Thursday. That brings the total number of mids expelled this year for spice to 15.
There is an ongoing dispute about how the Navy calculates “good time” credit. Here’s how NMCCA disposes of the issue:
The appellant maintains that his good time credit should be calculated at a rate of 8 days per month vice 5 days per month. This court’s statutory jurisdiction is to review the findings and sentence in certain courts-martial, but like the Court of Appeals for the Armed Forces, we do not have the authority “to oversee all matters arguably related to military justice or to act as a plenary administrator even of criminal judgments it has affirmed.” Clinton v. Goldsmith 526 U.S. 529, 536 (1999); see Art. 66, UCMJ, 10 U.S.C. § 866. Calculation of the appellant’s sentence under proper service regulations is an administrative matter that generally does not constitute punishment and enter our jurisdictional domain. See United States v. Pena, 64 M.J. 259, 268 (C.A.A.F. 2007). Accordingly, we will not further address this issue.
I assume based on case law CAAF will agree. Federal habeau anyone? Class action maybe?
Daily Reporter reports: The superintendent of the U.S. Naval Academy has referred the case of a midshipman accused of rape to court-martial. Nineteen-year-old Patrick Edmond is accused of raping a female midshipman in October in the school’s dormitory. He has been charged with rape, sodomy and issuing a false statement.