In United States v. Molina, 68 M.J. 532 (C.G.C.C.A. 2009) the court had to determine if (i) DC was ineffective for telling his client that if he pled guilty, he would not have to register as a sex offender when in actuality he would need to register? (ii) DC was ineffective for not introducing evidence […]
In Smith v. Spisak, 130 S.Ct. 676 (2010) during the sentencing argument at trial, Spisak’s counsel’s argument was something less than laudatory. He stated, “[s]ympathy, of course, is not part of your consideration. And even if it was, certainly, don’t look to him for sympathy, because he demands none.” Unfortunately for Spisak, at this point […]
In United States v. Diaz, 69 M.J. 127 (C.A.A.F. 2010) the accused served as a judge advocate at Guantanamo Bay, Cuba. While serving at GITMO, he concluded the Government was improperly refusing to turn over names of unrepresented detainees, so he downloaded classified “identifying information” in his office. He printed a hardcopy of this information, […]
In United States v. Mott, 2009 WL 4048019 (N-M. Ct. Crim. App. Nov. 27, 2009) (unpublished) the court found a violation of R.C.M. 701(a)(2) and R.C.M. 701(a)(6)/Brady One morning during breakfast on the ship’s mess deck, Mott walked up and stabbed another service member. He had never met the victim before. Both parties agreed that […]
Unauthorized Use of Credit Card The issue before the CAAF in United States v. Lubasky, 68 M.J. 260 (C.A.A.F. 2010) was whether the unauthorized use of another person’s credit and bank cards constitute larceny against that person (as opposed to the financial institution?). CAAF held in the negative. The unauthorized use of credit cards cannot […]
United States v. Harman, 68 M.J. 325 (C.A.A.F. 2010) deals with the evidence required to conviction for conspiracy to commit maltreatment of subordinates. The accused was convicted of several charges, including conspiracy, stemming from her role in abusing detainees at the Abu Ghraib prison in Iraq. In particular, the accused participated in an episode where […]
United States v. Arriaga, No. 37439, 2009 WL 289806 (A.F. Ct. Crim. App. May. 07, 2010) deals with outside pressure on members. The issue before the court was did the command safety briefings addressing a series of unrelated sexual assaults unfairly influence appellant’s court-martial for sexual assault. Appellant was charged with sexual misconduct involving two […]
In UNITED STATES v. ZARBATANY, ACM 37448 (A.F.C.C.A. 2010) Zarbatany received 119 days for PTC credit plus an additional 476 days for unusually harsh PTC conditions. With adjudged confinement of only six months, Zarbatany was released at the conclusion of the trial. At action, the convening authority, properly referencing the credit, disapproved the adjudged forfeitures, […]
Your military defense lawyer should consider the following to determine consent: 1. What did the PV (purported victim) SAY to the accused before, during, or after the event? Yes (or no) Please do (or don’t) I like (don’t like) that Sounds of pleasure (or displeasure) 2. What did the PV do DURING the event? Removed […]