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Week in Review

7/9/2021

 

Pending Appellate Cases

United States v. ​Madera-Rodriguez.  A military jury found a Marine Raider on trial in the 2017 death of a Green Beret staff sergeant in Mali guilty of hazing, false official statements, conspiracy charges and involuntary manslaughter. He was found not guilty of  felony murder. Sentencing is expected to finish after Independence Day.

​United States v. Army (O-3). A chaplain assigned most recently to a Fort Leonard Wood, Missouri, basic combat training unit will face a court-martial next week on charges that he repeatedly raped a child.

United States v. Naughton.

In total, Naughton had been charged with dumping 3,724 cartridges of 5.56 ammunition with a value of about $1,079; 6,000 cartridges of .45 caliber ammunition with a value of about $2,041; 1,826 cartridges of 9 mm ball ammunition with a value of about $401; 120 cartridges of 12 gauge ammunition with a value of about $60; 160 cartridges of 12 gauge door breaching ammunition with a value of about $350; 80 cartridges of frangible 5.56 ammunition with a value of about $31; 200 cartridges of 9 mm hollow point ammunition with a value of about $70; two grenades and one smoke grenade, Marine Corps Times previously reported.

The Marine had been arrested as part of a sting by federal agents, which allegedly caught Marines trying to sell ammunition and 
explosives online. Seven Marines and one sailor were investigated by NCIS, according to The San Diego Union-Tribune.
For this he was sentenced to 16-months and a BCD (with PTC credit).
Brenner M. Fissell
7/9/2021 09:07:03 am

NG on felony murder looks like jury nullification. Or am I missing something?

Lone Bear
7/9/2021 12:11:55 pm

That is a strange finding, maybe an issue with proof if intent.

Philip D. Cave link
7/9/2021 01:17:48 pm

I would agree.

(1)has a premeditated design to kill;

(2)intends to kill or inflict great bodily harm;

(3)is engaged in an act which is inherently dangerous to another and evinces a wanton disregard of human life; or. (Perhaps this was the government's theory???)

(4) is engaged in the perpetration or attempted perpetration of burglary, rape, rape of a child, sexual assault, sexual assault of a child, aggravated sexual contact, sexual abuse of a child, robbery, or aggravated arson; This doesn't apply.


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