United States v. Baker, 58 M.J.Not only have we found trial defense counsel possessed a firm factual basis to, conclude appellant would commit perjury if he testified, we also hold counsel did, not deprive appellant of the effective assistance of counsel during his court-martial. U.S. Const.
the amendment . Consequently, service courts set aside convictions where members, of the armed forces committed offenses before Congress amended Article 43 in 1986, and if the statute of limitations had run by the time the summary court-martial, convening authority received the charges.Section 1.
3 We find appellants plea, provident, but write to clarify the distinction between the mistake of fact defense, and mistake of law in regard to Article 112a, UCMJ offenses. United States v. Shaw, 64 M.J. without knowledge of the contraband nature of the, substance . Appellant, admitted to both.
Considering the convening authority approved a 120-day, sentence to confinement approximately 120 days after appellants court-martial, concluded, in all likelihood appellant was released from confinement no later than, 9 June 2006 (the 120th day after sentencing) and placed on excess leave.
As a result of the offense for which the [court-martial], sentence was imposed. Allen, 17 M.J. The defense was seeking pretrial confinement credit for time, appellant spent in civilian confinement before his state trial, not, civilian post-trial confinement credit resulting from a state conviction.
(Emphasis, added.) Therefore, in a contested case, the government does not have to prove 6, See also Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., 545 U.S. 913, 920, (2005) ([P]eer-to-peer networks are employed to store and distribute electronic, files by universities, government agencies, corporations, and libraries, among, others.) (emphasis added); id. at 922–23 (Some musical performers, for example have gained new audiences by distributing their copyrighted works for free across,...
UNITED STATES ARMY COURT OF CRIMINAL APPEALS, Before, OLMSCHEID, In support of the defense theory, prior to the start of trial, appellant moved to, admit evidence relating to four incidents of SPC Cs prior sexual activities with, appellant and with another married noncommissioned officer.
UNITED STATES ARMY COURT OF CRIMINAL APPEALS, Before, HOLDEN, HOFFMAN, and SULLIVAN, Appellate Military Judges UNITED STATES, Appellee, v., Private E1 TIMOTHY W. ROACH, United States Army, Appellant ARMY 20050018 United States Army Infantry Center and Fort Benning, Fort Benning, Georgia, Richard E. Gordon, Military Judge, Colonel Lyle W. Cayce, Staff Judge Advocate For Appellant: Lieutenant Colonel Kirsten V.C.
Furthermore, for the sole purpose of properly analyzing the potential collateral issue, of ineffective assistance of counsel, we ordered government appellate counsel to file, the contract in effect at the time of the alleged offenses between the Department of, Defense and Bank of America. 5, Bank of America was the issuer of the credit card used in the larcenies., 6, This contract would have explained the extent of the governments liability for, failure of Department of Defense cardholders to...
United States v. Green, 1 M.J.In sum, entirely apart from the stipulation of fact or appellants own, admissions during the providence inquiry, we find the evidence appellant molested, MR was admissible to show his propensity for child molestation as evidence to, prove he molested LM;
Clearly the purpose of the, meeting was to read appellant the charges, explain the SCM procedures and, appellants rights, and set a future date for the actual trial proceedings a stage, never reached in this case. The proposed agreement will be, signed by the accused and defense counsel, if any.
31 October 2007 OPINION OF THE COURT, HOLDEN, Senior Judge: A military judge sitting as a general court-martial convicted appellant pursuant to his conditional pleas, 1 of housebreaking (three specifications), conduct, unbecoming an officer (five specifications alleging surreptitious videotaping of, female cadets in their barracks rooms or in the shower area of a female locker room) and surreptitious videotaping of a woman performing oral sex upon him, in violation, of Articles 130, 133,...
Appellant also contends the military judge, erred by admitting a laboratory report (identifying the substance appellant possessed, as marijuana) as a business record pursuant to Military Rule of Evidence [hereinafter, Mil. Jacque and other, officers executed the search warrant. U.S. Const.
Illinois, 493 U.S. 474, 506, n.3 (1990) (Stevens, J., dissenting) (noting that, [a]t the time of petitioners trial Illinois provided exemptions [from jury duty], common to many States, for public, officials, practicing physicians, and practicing attorneys, among others); see also, Fay v. New York, 332 U.S. 261, 267 (1947) (observing the State of New York, exempted clergymen, physicians, dentists, pharmacists, embalmers, optometrists attorneys, members of the Army, Navy or Marine Corps, or of...
[I]t may not be used to prove a separate offense.some substantial evidence . In attacking the actus reus element of, appellants guilty plea to aggravated assault, the defense states in its reply brief:, The issue whether appellant acted voluntarily was more fundamental than his, specific intent .
Theer and [appellant], to murder [Capt.] Theer which started in September of, 2000 and a conspiracy to hide their complicity in any, involvement in that murder which continued [until] the, beginning of this trial . . . these statement were made while, a conspiracy existed while the accused remained a part of, that conspiracy in furtherance of that conspiracy. 20, DIAMOND – ARMY 20010761 In making this ruling and to determine the existence of a conspiracy, the military, judge, with defense...
