Search for: "Matter of Martial"
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31 Mar 2012, 3:15 pm
We have a summary of the evidence for only two of the cases, both summary courts-martial. [read post]
1 Nov 2007, 1:35 pm
Meanwhile, appellants submitted clemency matters to the convening authority in approximately 33% of the cases reviewed. [read post]
6 May 2011, 8:49 am
While it's not a Double Jeopardy Clause violation for civilian (state/local) prosecutors and the military to try an individual for the same crimes stemming from a single incident, service regulations generally prohibit (with limited exceptions) the military from pursuing courts-martial when civilian authorities choose to exercise their jurisdiction on the matter. [read post]
2 Apr 2014, 12:45 pm
(Further complicating matters is the underappreciated third example of sustained military adjudication—trials of civilian offenses by military courts acting as occupation courts, as in Madsen v. [read post]
24 Aug 2011, 7:27 pm
In Gaddis, “[a] panel of officer and enlisted members sitting as a general court-martial convicted [Troy Gaddis], contrary to his pleas, of one specification of sodomy with a child under the age of twelve and four specifications of indecent acts with a child. [read post]
7 Oct 2010, 10:07 am
If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. [read post]
3 Oct 2008, 4:02 pm
A court with in personam jurisdiction and subject matter jurisdiction over a dissolution action may declare the parties' interests in foreign land. [read post]
22 Jun 2011, 1:39 pm
, didn't adequately prepare for the Article 32 hearing, nor for the court-martial itself. [read post]
2 Apr 2019, 5:25 am
The two principal provisions are Article 18, dealing with the jurisdiction of courts-martial, and Article 22, discussing who may convene a general courts-martial. [read post]
8 Jun 2009, 2:11 pm
Not that my views matter, but to me this is the majority's weakest point. [read post]
1 Jul 2021, 7:48 am
Hence there is personal jurisdiction as well as apparent subject matter jurisdiction to strip civilians, who earlier served their country, of their First Amendment protections by court-martialing them [read post]
2 Nov 2017, 1:21 pm
Norris’ own dissection of the matter can be found on a separate site, where it is excellently titled “Is the FDA Ready to Jump in the Ring With Me? [read post]
19 Nov 2007, 2:45 pm
"[The military judge] studied the Appellant's history . . . in non-public court-martial sessions. . . [read post]
5 Apr 2009, 3:38 pm
"First and foremost," CAAF ruled, "Appellant's [original] plea was improvident as a matter of law, which had the effect of canceling the pretrial agreement according to its terms. [read post]
14 Sep 2018, 10:24 am
The prosecution needed to check three foundational boxes–but they didn’t according to the ACCA. (1) the recorded statement contains matters of which a witness once had knowledge but now has insufficient recollection to enable the witness to testify fully and accurately; Continue reading → [read post]
18 Nov 2019, 7:45 am
Like any other alleged crime, this scenario raises the positive question of “can he be court-martialed? [read post]
9 Feb 2008, 6:23 am
Courts-martial are not courts! [read post]
20 Jun 2009, 4:22 pm
The majority quotes Article 67(c)'s language that CAAF has authority over "matters of law" connected to "the findings and sentence as approved by the convening authority . . . . [read post]
11 Jul 2014, 10:10 am
“After considering all the available information, including the judge’s response to the allegations, Chief Justice Blanchard has decided that this matter warrants further consideration,” the council said last October.In his judicial review application, Girouard argues the process followed so far by the CJC has “generally been in a manner that infringes upon the independence of federally appointed judges. [read post]
22 Jul 2023, 8:33 pm
My main martial art reminds me to stick to the opponent at every turn, and to be most concerned once physical contact is lost. [read post]
