Comments on: Serianne and Diaz Set for Argument March 2, 2010 http://www.caaflog.com/2010/02/18/serianne-and-diaz-set-for-argument-march-1-2010/ Covering the Military Justice System Fri, 10 Feb 2012 20:54:06 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: OpenOffice Download http://www.caaflog.com/2010/02/18/serianne-and-diaz-set-for-argument-march-1-2010/comment-page-1/#comment-26533 OpenOffice Download Sat, 19 Mar 2011 14:34:12 +0000 http://www.caaflog.com/?p=4671#comment-26533 <strong>OpenOffice Download...</strong> [...Please Accept This Link Exchange Request...]... OpenOffice Download…

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]]> By: Superdave 8251 http://www.caaflog.com/2010/02/18/serianne-and-diaz-set-for-argument-march-1-2010/comment-page-1/#comment-12239 Superdave 8251 Sat, 20 Feb 2010 01:42:25 +0000 http://www.caaflog.com/?p=4671#comment-12239 No Man: I guess small potatoes is the wrong term. What I was getting at is when does Big Navy step and say why are we prosecuting this. When do they take it out of the CA's hands. Chief Serianne was not convicted and no accident was involved. I'm pretty sure if cooler heads prevailed and waited for the the outcome of the jurisdiction in which the incident occured (State of Maryland)not U.S. Naval soil, instead of trying to take the Chief to NJP a week after the alleged incident occured and giving him his due process rights. Everyone knows that NJP is a kangaroo's court, they do not have to prove anything!!! Whatever happend to innocent until proven guilty? No Man: I guess small potatoes is the wrong term. What I was getting at is when does Big Navy step and say why are we prosecuting this. When do they take it out of the CA’s hands. Chief Serianne was not convicted and no accident was involved. I’m pretty sure if cooler heads prevailed and waited for the the outcome of the jurisdiction in which the incident occured (State of Maryland)not U.S. Naval soil, instead of trying to take the Chief to NJP a week after the alleged incident occured and giving him his due process rights. Everyone knows that NJP is a kangaroo’s court, they do not have to prove anything!!! Whatever happend to innocent until proven guilty?

]]> By: Anonymous http://www.caaflog.com/2010/02/18/serianne-and-diaz-set-for-argument-march-1-2010/comment-page-1/#comment-12237 Anonymous Fri, 19 Feb 2010 22:51:41 +0000 http://www.caaflog.com/?p=4671#comment-12237 If it was "really really dumb" then I don't think CAAF would have bothered granting. Doesn't mean it's right, but that it isn't "really really dumb." If it was “really really dumb” then I don’t think CAAF would have bothered granting.

Doesn’t mean it’s right, but that it isn’t “really really dumb.”

]]> By: Anonymous http://www.caaflog.com/2010/02/18/serianne-and-diaz-set-for-argument-march-1-2010/comment-page-1/#comment-12235 Anonymous Fri, 19 Feb 2010 22:31:31 +0000 http://www.caaflog.com/?p=4671#comment-12235 What's all this talk about "incriminatory" statements and consequences? Shouldn't that be "incriminating?". The other injustice represented by these two cases is how a true patriot who stands for American values is now labeled a spy. What’s all this talk about “incriminatory” statements and consequences? Shouldn’t that be “incriminating?”.

The other injustice represented by these two cases is how a true patriot who stands for American values is now labeled a spy.

]]> By: any mouse rebuttal http://www.caaflog.com/2010/02/18/serianne-and-diaz-set-for-argument-march-1-2010/comment-page-1/#comment-12234 any mouse rebuttal Fri, 19 Feb 2010 20:06:09 +0000 http://www.caaflog.com/?p=4671#comment-12234 Any mouse, I agree with you in pincipal but not in law. Just because a statement may have incriminatory consequences does not make it incriminatory under 5th Amendment jurisprudence. For example, requiring a service member to identify himself at the scene of the crime does not invoke the requirement for 31b or Miranda rights. However, by identifying himself he has sent in motion a chain of events that could lead to his arrest and possible prosecution. Any mouse, I agree with you in pincipal but not in law. Just because a statement may have incriminatory consequences does not make it incriminatory under 5th Amendment jurisprudence. For example, requiring a service member to identify himself at the scene of the crime does not invoke the requirement for 31b or Miranda rights. However, by identifying himself he has sent in motion a chain of events that could lead to his arrest and possible prosecution.

]]> By: No Man http://www.caaflog.com/2010/02/18/serianne-and-diaz-set-for-argument-march-1-2010/comment-page-1/#comment-12233 No Man Fri, 19 Feb 2010 18:41:01 +0000 http://www.caaflog.com/?p=4671#comment-12233 Super D: There is a not inconsequential legal principle at stake here. While it may not be the case here, in the past when a senior enlsited individual has been taken to court-martial for soemthing like DUI it wasn't becasue the CA was hard on first offenders. I am not speaking about Chief Serianne, but, rather, I am commenting on calling this type of case small potatotes and a waste of time as that may not always be true. Super D: There is a not inconsequential legal principle at stake here. While it may not be the case here, in the past when a senior enlsited individual has been taken to court-martial for soemthing like DUI it wasn’t becasue the CA was hard on first offenders. I am not speaking about Chief Serianne, but, rather, I am commenting on calling this type of case small potatotes and a waste of time as that may not always be true.

]]> By: Superdave 8251 http://www.caaflog.com/2010/02/18/serianne-and-diaz-set-for-argument-march-1-2010/comment-page-1/#comment-12232 Superdave 8251 Fri, 19 Feb 2010 15:18:26 +0000 http://www.caaflog.com/?p=4671#comment-12232 The incident happend out in town and has been adjudicated by the state of Maryland. Why is the Navy pressing the issue and wasting the government's time and money. Serianne was supposed to retire last year. It just seems small potatoes to me. They are letting the Senior Chief dog handler retire, no court martial. I just don't get it. The incident happend out in town and has been adjudicated by the state of Maryland. Why is the Navy pressing the issue and wasting the government’s time and money. Serianne was supposed to retire last year. It just seems small potatoes to me. They are letting the Senior Chief dog handler retire, no court martial. I just don’t get it.

]]> By: Cheap Seats http://www.caaflog.com/2010/02/18/serianne-and-diaz-set-for-argument-march-1-2010/comment-page-1/#comment-12229 Cheap Seats Fri, 19 Feb 2010 13:06:44 +0000 http://www.caaflog.com/?p=4671#comment-12229 Having been an SJA to units where NJP refusal is not an option, I will tell you that it was ROUTINE to NJP after these reports. The report would trigger us in legal to go get the police report and take the sailor to mast. But for the self-report, we would not have known about many of them. Having been an SJA to units where NJP refusal is not an option, I will tell you that it was ROUTINE to NJP after these reports. The report would trigger us in legal to go get the police report and take the sailor to mast. But for the self-report, we would not have known about many of them.

]]> By: any mouse http://www.caaflog.com/2010/02/18/serianne-and-diaz-set-for-argument-march-1-2010/comment-page-1/#comment-12224 any mouse Fri, 19 Feb 2010 01:39:45 +0000 http://www.caaflog.com/?p=4671#comment-12224 Granted it is administrative rather than criminal, I have seen a written citation for underage drinking issued by local police turned into a 6105 entry that was later used as one of the entries for a pattern of misconduct separation basis. It isn't outlandish to think that if the police dept and base didn't have a good working relationship (say I work at Lejeune but got a written arrest for underage drinking while on leave in Podunk, South Dakota), but for me telling my CO, the Marine Corps might never find out about it. Would you consider that incriminating if it could lead to me receiving an OTH discharge? Granted it is administrative rather than criminal, I have seen a written citation for underage drinking issued by local police turned into a 6105 entry that was later used as one of the entries for a pattern of misconduct separation basis.

It isn’t outlandish to think that if the police dept and base didn’t have a good working relationship (say I work at Lejeune but got a written arrest for underage drinking while on leave in Podunk, South Dakota), but for me telling my CO, the Marine Corps might never find out about it.

Would you consider that incriminating if it could lead to me receiving an OTH discharge?

]]> By: Some Random 1L http://www.caaflog.com/2010/02/18/serianne-and-diaz-set-for-argument-march-1-2010/comment-page-1/#comment-12222 Some Random 1L Thu, 18 Feb 2010 22:37:03 +0000 http://www.caaflog.com/?p=4671#comment-12222 CHALLENGE: Cite me one case from any jurisdiction holding that the mere fact that you were arrested by a police officer is an "incriminatory statement." I think this is really, really dumb. CHALLENGE: Cite me one case from any jurisdiction holding that the mere fact that you were arrested by a police officer is an “incriminatory statement.”

I think this is really, really dumb.

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