The military judge must find whether and to what, extent the purported fresh set of warnings was rendered; and, in any event, the judge, must also conclude whether the accuseds waiver was knowing, intelligent, and, voluntary. 2, Though it is correct to recognize that the Edwards/Bradshaw analysis relative to a, suspects initiation or re-initiation of communication with the police may overlap or, merge with a Mosley analysis, the ultimate question remains whether, under the, circumstances, the...
UNITED STATES ARMY COURT OF CRIMINAL APPEALS, Before, KERN, BERG and YOB, Appellate Military Judges UNITED STATES, Appellant, v., Private First Class JUSTIN D. ROBISON, United States Army, Appellee ARMY 20110758 Headquarters, III Corps and Fort Hood, Patricia Lewis, Military Judge, Stuart W. Risch, Staff Judge Advocate For Appellant: Colonel Patricia A.
CORRECTED COPY UNITED STATES ARMY COURT OF CRIMINAL APPEALS, Before, KERN, BERG and YOB, Appellate Military Judges UNITED STATES, Appellant, v., Private First Class JUSTIN D. ROBISON, United States Army, Appellee ARMY 20110758 Headquarters, III Corps and Fort Hood, Patricia Lewis, Military Judge, Colonel* Stuart W. Risch, Staff Judge Advocate For Appellant: Colonel Patricia A.
1986). 7, KITMANYEN—ARMY 20110609 (a)(1) In a trial by court-martial in which a military judge, presides and in which a punitive discharge may be, adjudged, the United States may appeal the following, (other than an order or ruling that is, or that amounts to, a, finding of not guilty with respect to the charge or, specification):, (A) An order or ruling of the military judge which, terminates the proceedings with respect to a charge or, specification., (B) An order or ruling which excludes...
Specification 2 of Charge II alleges a false official statement to Ms. KM, a, civilian nurse at Brooke Army Medical Center (BAMC), to wit: I did not seek, treatment earlier because I had been mugged and kidnapped and they just let me go, today, or words to that effect.
United States v. Crafter, 64 M.J. 2011), our superior court held that where the appellant, objected to the specification at trial, and thereafter contested the case, an adultery, charge failed to state an offense because it did not expressly or impliedly allege the, terminal elements.
SQUIRES, JR., Clerk of Court, [1] In the appellants R.C.M. 1105/1106 submission, defense counsel made, this request twice, noting in paragraph 4 of the submission: The Defense, requests that you disapprove the finding of guilty for all charges and, specifications, but approve the bad conduct discharge, restating this in, paragraph 5 as: For the above reasons, the Defense requests that you, disapprove the verdict of guilty but approve the Bad Conduct Discharge, portion of Private Ermingers...
18 October 2011 SUMMARY DISPOSITION, Per Curiam: A military judge, sitting as a special court-martial, convicted, appellant, pursuant to his pleas, of failure to go to his appointed place, of duty, absence without leave [hereinafter AWOL], disrespect toward a, noncommissioned officer, violation of a lawful general regulation, false, official statement, and wrongful use of cocaine and marijuana, in violation, of Articles 86, 91, 92, 107, and 112a, Uniform Code of Military Justice, 10, U.S.C.
HORSMAN, United States Army, Appellant ARMY 20100971 Headquarters, XVIII Airborne Corps and Fort Bragg, Karin G. Tackaberry, Military Judge, Colonel Stephen J. Berg, Staff Judge Advocate For Appellant: Major Laura Kesler, JA; Lieutenant Colonel Jonathan F., Potter, JA (on brief).Rule 15.2, no response filed. 7 June 2011 SUMMARY DISPOSITION, Per Curiam: A military judge sitting as a special court-martial sentenced, appellant to a bad-conduct discharge, confinement for five months...
For Appellee: Colonel Mark Tellitocci, JA; Lieutenant Colonel Imogene M., Jamison, JA;For Appellant: Colonel Michael E. Mulligan, JA; Accordingly, the, appeal by the United States under Article 62, UCMJ, of the military judges, ruling is denied.MALCOLM H. SQUIRES, JR., Clerk of Court
Appellant also told, the CID agents that he had been viewing child pornography since 2004 and, possessed it for his sexual gratification. No complaint was lodged against trial counsels argument until appellant, first asserted it as legal error in his post-trial Rules for Courts-Martial (R.C.M.
For Appellee: Major Amber J. Williams, JA; Major Ellen S. Jennings, JA; Captain, Bradley Endicott, JA (on brief). 21 December 2011, SUMMARY DISPOSITION, Per Curiam: A military judge, sitting as a general court-martial, convicted appellant pursuant to his pleas, of one specification each of possessing and receiving child, pornography, in violation of Article 134, Uniform Code of Military Justice, 10, U.S.C.
For Appellant: Major Laura R. Kesler, JA; Because neither the, letter itself nor the extrinsic facts about the letters contents (as, opposed to its potential legal impact) on their own impose liability or, change a legal right, appellants plea to forgery is legally deficient.
24 August 2011 SUMMARY DISPOSITION, Per Curiam: A military judge, sitting as a general court-martial, convicted, appellant, pursuant to his pleas, of absence without leave (AWOL), wrongful, use of marijuana, and wrongful possession of marijuana, in violation of, Articles 86 and 112a, Uniform Code of Military Justice, 10 U.S.C.
For Appellee: Colonel Michael E. Mulligan, JA; Major Amber J. Williams JA; Captain Kenneth W. Borgnino, JA (on brief). 29 July 2011 SUMMARY DISPOSITION, Per Curiam: A military judge, sitting as a special court-martial, convicted, appellant, pursuant to his pleas, of attempted larceny, failure to obey a, lawful order, false official statement, and three specifications of, larceny, in violation of Articles 80, 92, 107, and 121, Uniform Code of, Military Justice, 10 U.S.C.
The court affirms only so much of the finding of Specification 1 of, Charge II as finds the appellant did, between on or about 1 January 2009, and on or about 21 May 2009, at Fort Carson, Colorado, knowingly and, wrongfully possess an HP Laptop Computer, SN: 2CE848178S, containing images, and video(s) files of child pornography, including: 9yo littlegirl, displays her sweet yng cunt – PART2 – Pussy licking now (2min7sec)(Orig, duogil l)-real kiddymov Lolita preteen young incest kiddie porno.sex
For Appellee: Major Amber J. Williams, JA. 28 October 2011, SUMMARY DISPOSITION ON REMAND, Per Curiam: A military judge, sitting as a general court-martial, convicted appellant pursuant to his pleas, of absence without leave, two specifications of wrongful use, of a Schedule I controlled substance, and five specifications of wrongful making and, uttering checks, in violation of Articles 86, 112a, and 123a, Uniform Code of, Military Justice, 10 U.S.C.
30 June 2011 SUMMARY DISPOSITION, Per Curiam: On 14 August 2010, a military judge sitting as a general court-, martial convicted appellant, pursuant to his pleas, of assault and battery, (two specifications), aggravated assault, and child endangerment in, violation of Articles 128 and 134, Uniform Code of Military Justice, 10, U.S.C.The record of trial is returned to the Judge Advocate General for a, new staff judge advocate recommendation and new action by the same, convening authority in...
, We further find that there is a substantial basis in law or fact to, question the plea. The military judge did, not immediately refocus appellant on the child pornography specification, and appellant continued to describe the general impact that his illicit, affair with G.P.
GELEN-DESISTO, United States Army, Appellant ARMY 20100643 Headquarters, United States Army Accessions Command and Fort Knox, Timothy Grammel, Military Judge, Colonel Robert J. Cotell, Staff Judge Advocate For Appellant: Major Laura R.31 March 2011 SUMMARY DISPOSITON, Per Curiam: A military judge sitting as a special court-martial convicted, appellant, pursuant to his pleas, of absence without leave, in violation of, Article 86, Uniform Code of Military Justice, 10 U.S.C.
