The Article 32 investigation for Sgt Frank Wuterich, USMC, is set to begin on 30AUG07 aboard Camp Pendleton. LtCol Ware will be the investigating officer. LtCol Ware was the investigating officer for LCpl Stephen B. Tatum and and LCpl Justin L. Sharratt, in both cases he recommended no charges.
Sgt Wuterich’s lawyer, Neal Puckett, a retired [...]
Archive for the ‘Military Justice’ Category
Haditha Update: Article 32 Investigation for Sgt Frank Wuterich
Posted in Haditha, Iraq, Law, Military Justice, Military Law on 27 August 2007 | 1 Comment »
Haditha Update: Investigating Officer Recommends No Charges for LCpl Tatum
Posted in Iraq, Law, Military Justice, Military Law on 24 August 2007 | Leave a Comment »
LtCol P.J. Ware, USMC, filed the report of his investigation into charges against LCpl Stephen B. Tatum, wherein he recommended no criminal charges. LtCol Ware characterized the shootings as tragedies, but LCpl Tatum did not violate the law.
LtCol Ware previously recommended no charges be brought against LCpl Justin L. Sharratt. LtGen [...]
U.S. Court of Military Commission Review: U.S. v. Khadr
Posted in Appellate Law, Law, Military Justice, Military Law on 23 August 2007 | 1 Comment »
The first hearing of the U.S. Court of Military Commission Review is scheduled to hold its first hearing on 24AUG07. The hearing will hear argument regarding the dismissal of charges against Omar Ahmed Khadr because of a flaw in the Combatant Status Review Tribunals for Guantanamo Bay prisoners. See [...]
Marine Drill Instructor Charged: 244 Counts of Abusing Recruits
Posted in Law, Military Justice, Military Law on 23 August 2007 | Leave a Comment »
Sgt Jerrod M. Glass, USMC, a Drill Instructors at Marine Corps Recruit Depot San Diego, was charged with 244 counts of abusing recruits. The accusations against Sgt Glass include striking almost every member of his platoon, a total of 60 recruits. The four officers who oversaw Sgt Glass have been relieved of their duties. [...]
Haditha Update: SJA Recuses Himself After Criticizing LtCol Ware
Posted in Criminal Law, Haditha, International, Iraq, Law, Military Justice, Military Law on 15 August 2007 | Leave a Comment »
The Staff Judge Advocate, SJA, – the senior legal adviser, roughly equivalent to in-house counsel for a business – for LtGen Mattis removed himself form the case of LCpl Tatum. The SJA, LtCol Bill Riggs, contacted LtCol Ware and criticized him for holding the government to too high of a standard [...]
NMCCA: US v. Ledbetter (Aug 07)
Posted in Appellate Law, Criminal Law, Law, Military Justice, Military Law on 14 August 2007 | Leave a Comment »
The Navy-Marine Corps Court of Criminal Appeals released U.S. v. Ledbetter, No. 200500009, unpublished op. (N.M.Ct.Crim.App. 14 Aug 2007). SPCM, military judge alone, guilty pleas, Arts 80, 81, 91, 95, 108, and 134. Sentence: 5 months, E-1, forfeiture of $500 pay per month for 6 months, and BCD. Appellant claimed (1) improvident [...]
Haditha Update: Article 32 Investigation for LtCol Chessani to Reopen
Posted in Criminal Law, Haditha, Iraq, Military Justice, Military Law on 7 August 2007 | Leave a Comment »
The Article 32 investigation into the actions of LtCol Chessani will be reopened on 8AUG07. The purpose of the hearing is to conduct further examination of evidence submitted during the original investigation in May 2007. The prosecutors recommended, to LtGen Mattis, that two additional charges of dereliction of duty [...]
Lawyering Tip: RSS Legal Feeds
Posted in Appellate Law, Criminal Law, Law, Military Justice, Military Law, Supreme Court, Tech, Windows Vista on 5 August 2007 | 4 Comments »
If any of you use RSS readers or depend on the internet for news related to your profession (or simply for enjoyment), you should be familiar with Netvibes. Netvibes is perhaps one of the more elegant and streamlined RSS readers out there. It’s been my intention to post a full review of the [...]
Hamdania Update: Cpl Marshall L. Magincalda, USMC, Sentenced to Time Served
Posted in Law, Military Justice, Military Law on 3 August 2007 | 1 Comment »
Corporal Marshall L. Magincalda, USMC, was found guilty of larceny, housebreaking and conspiracy to commit the following: murder,kidnapping, larceny,obstruction of justice, false official statement and housebreaking. The members returned the verdict on 1 August 2007.
On 3 August 2007, he was sentenced to 448 days confinement and reduction in rank to Private. [...]
Hamandia Update: Sgt Hutchins, USMC, Found Guilty of Murder
Posted in Law, Military Justice, Military Law on 2 August 2007 | 6 Comments »
Sgt Lawrence G. Hutchins III.USMC, was found guilty of murder, conspiracy to commit murder, making a false official statement, and larceny. He was also acquitted of the greater charge of unpremeditated murder. Sentencing will likely continue tomorrow, 3AUG07.
Cpl Marshall L. Magincalda, USMC, was found guilty, on 1AUG07, of larceny, housebreaking and [...]
NMCCA: US v. Bossheart (Jul 07)
Posted in Appellate Law, Criminal Law, Law, Military Justice, Military Law on 30 July 2007 | Leave a Comment »
26 July 2007, Navy-Marine Corps Court of Criminal Appeals released U.S. v. Bossheart, No. 200602420, unpublished op. (N.M.Ct.Crim.App. 26 Jul 2007). GCM, military judge alone, guilty pleas to Arts 80 and 8 specs of 112a drug offenses. Sentence: 3 years, E-1, BCD. CAX approved but per PTA suspended all confinement in excess [...]
Haditha Update: LCpl Tatum’s Article 32 the Final Day
Posted in Criminal Law, Haditha, International, Iraq, Military Justice, Military Law on 26 July 2007 | Leave a Comment »
In the final day of the Article 32 investigation into LCpl Tatum’s role in the action in Haditha, Iraq, both the prosecution and defense gave their respective summations of the case. The defense emphasized that,
You can’t sit back in an air-conditioned room at Camp Pendleton and second-guess these men. It’s [...]
Haditha Update: LCp Tatum’s Article 32 Days 6 and 7
Posted in Criminal Law, Haditha, International, Iraq, Law, Military Justice, Military Law on 25 July 2007 | Leave a Comment »
LCpl Tatum testified that he did not “know that there was women and children in that house until later . . . otherwise, I would have physically stopped everyone in that room from shooting.” This testimony came during his unsworn statement during an Article 32 investigation in his actions in [...]
UPDATE: Court of Military Commissions and Review Rules available
Posted in Afghanistan, Appellate Law, International, Law, Military Justice, Military Law, Supreme Court on 24 July 2007 | Leave a Comment »
The Pentagon has freshly updated and made available to the public a cartload of Military Commissions materials. Earlier this month we noted that the site hadn’t been updated for several months. That’s been remedied. On the site are:
Rules of Practice for the Court of Military Commission and Review
After a very quick perusal, [...]
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Ex-Military Smackdown: Court of Federal Claims Cracks the Whip Against “Razor’s Edge of Frivolity” Claims
Posted in Appellate Law, Health, Law, Military Justice, Military Law, Political Commentary on 4 August 2007 | Leave a Comment »
In five recent cases last week, two of which are by ex-military members , the Court of Federal Claims has dismissed the cases because “Plaintiff’s counsel has submitted filings which contain numerous errors and exhibit a fundamental misunderstanding of this Court’s jurisdiction.“ (emphasis added). The court referred the matters, along with three other cases, to the Chief [...]
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