Comments on: Fort Lewis double homicide case referred capitally http://www.caaflog.com/2010/03/09/fort-lewis-double-homicide-case-referred-capitally/ Covering the Military Justice System Sat, 11 Feb 2012 03:34:35 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Anonymous http://www.caaflog.com/2010/03/09/fort-lewis-double-homicide-case-referred-capitally/comment-page-1/#comment-12687 Anonymous Thu, 11 Mar 2010 00:53:23 +0000 http://www.caaflog.com/?p=5005#comment-12687 Maybe this should be posted on DoD's webpage observing National Women's History Month and saluting the many contributions of American Women to our country. http://www.defense.gov/specials/womenshistory/ Maybe this should be posted on DoD’s webpage observing National Women’s History Month and saluting the many contributions of American Women to our country.

http://www.defense.gov/specials/womenshistory/

]]> By: Cloudesley Shovell http://www.caaflog.com/2010/03/09/fort-lewis-double-homicide-case-referred-capitally/comment-page-1/#comment-12680 Cloudesley Shovell Wed, 10 Mar 2010 23:21:03 +0000 http://www.caaflog.com/?p=5005#comment-12680 D'oh! D’oh!

]]> By: John O'Connor http://www.caaflog.com/2010/03/09/fort-lewis-double-homicide-case-referred-capitally/comment-page-1/#comment-12674 John O'Connor Wed, 10 Mar 2010 18:39:29 +0000 http://www.caaflog.com/?p=5005#comment-12674 Actually, Cloudesley, Kinsella was the warden. Singeton was Dial's mother. Actually, Cloudesley, Kinsella was the warden. Singeton was Dial’s mother.

]]> By: Cloudesley Shovell http://www.caaflog.com/2010/03/09/fort-lewis-double-homicide-case-referred-capitally/comment-page-1/#comment-12673 Cloudesley Shovell Wed, 10 Mar 2010 17:49:09 +0000 http://www.caaflog.com/?p=5005#comment-12673 JO'C--Aha! I knew that the CMA case couldn't possibly be good law, but the follow-on habeas case doesn't show up in Shepard's, and I didn't search any further. The habeas case was brought by Mrs. Dial's mother, thus Kinsella rather than Dial. Learn something new every day. JO’C–Aha! I knew that the CMA case couldn’t possibly be good law, but the follow-on habeas case doesn’t show up in Shepard’s, and I didn’t search any further. The habeas case was brought by Mrs. Dial’s mother, thus Kinsella rather than Dial. Learn something new every day.

]]> By: John O'Connor http://www.caaflog.com/2010/03/09/fort-lewis-double-homicide-case-referred-capitally/comment-page-1/#comment-12668 John O'Connor Wed, 10 Mar 2010 13:28:58 +0000 http://www.caaflog.com/?p=5005#comment-12668 I think you're right, Cloudesley. And she was the accused at issue in Kinsella v. United States ex rel. Singleton, where the Supreme Court rejected court-martial jurisdiction over civilians for non-capital offenses. I think you’re right, Cloudesley. And she was the accused at issue in Kinsella v. United States ex rel. Singleton, where the Supreme Court rejected court-martial jurisdiction over civilians for non-capital offenses.

]]> By: Cloudesley Shovell http://www.caaflog.com/2010/03/09/fort-lewis-double-homicide-case-referred-capitally/comment-page-1/#comment-12663 Cloudesley Shovell Wed, 10 Mar 2010 03:52:56 +0000 http://www.caaflog.com/?p=5005#comment-12663 "Pierce County authorities transferred jurisdiction of the case to the military." Thank goodness! What would the military have done without the cooperation of Pierce County authorities? Perhaps I should not snark so much; it was an informative article. That sentence gave me a good chuckle, though. JO'C--You're thinking of US v. Joanna Dial, 9 U.S.C.M.A. 541, 26 C.M.R. 321 (CMA 1958), which held that notwithstanding Reid v. Covert, there was jurisdiction over Mrs. Dial because she was charged with a non-capital offense (manslaughter), and Reid v. Covert was limited to the question of jurisdiction over a capital offense. “Pierce County authorities transferred jurisdiction of the case to the military.” Thank goodness! What would the military have done without the cooperation of Pierce County authorities?

Perhaps I should not snark so much; it was an informative article. That sentence gave me a good chuckle, though.

JO’C–You’re thinking of US v. Joanna Dial, 9 U.S.C.M.A. 541, 26 C.M.R. 321 (CMA 1958), which held that notwithstanding Reid v. Covert, there was jurisdiction over Mrs. Dial because she was charged with a non-capital offense (manslaughter), and Reid v. Covert was limited to the question of jurisdiction over a capital offense.

]]> By: John O'Connor http://www.caaflog.com/2010/03/09/fort-lewis-double-homicide-case-referred-capitally/comment-page-1/#comment-12662 John O'Connor Wed, 10 Mar 2010 03:35:26 +0000 http://www.caaflog.com/?p=5005#comment-12662 I defer to Gordon Smith on the name of the accused in Krueger. One of those cases had an accused named Dial, can't remember which one. I defer to Gordon Smith on the name of the accused in Krueger. One of those cases had an accused named Dial, can’t remember which one.

]]> By: Gordon Smith http://www.caaflog.com/2010/03/09/fort-lewis-double-homicide-case-referred-capitally/comment-page-1/#comment-12660 Gordon Smith Wed, 10 Mar 2010 03:26:06 +0000 http://www.caaflog.com/?p=5005#comment-12660 In Kinsella v. Krueger, the accused was named Dorothy Krueger Smith, daughter of General Walter Krueger, the war-time commander of the Sixth Army. I believe she was a dependent of a service member. Colonel Aubrey Smith of the United States Army. In Kinsella v. Krueger, the accused was named Dorothy Krueger Smith, daughter of General Walter Krueger, the war-time commander of the Sixth Army. I believe she was a dependent of a service member. Colonel Aubrey Smith of the United States Army.

]]> By: John O'Connor http://www.caaflog.com/2010/03/09/fort-lewis-double-homicide-case-referred-capitally/comment-page-1/#comment-12659 John O'Connor Wed, 10 Mar 2010 02:39:28 +0000 http://www.caaflog.com/?p=5005#comment-12659 Yes, the accuseds were Clarise (sp) Covert and, I believe, a woman named Dial. Both were dependents. Yes, the accuseds were Clarise (sp) Covert and, I believe, a woman named Dial. Both were dependents.

]]> By: Bridget http://www.caaflog.com/2010/03/09/fort-lewis-double-homicide-case-referred-capitally/comment-page-1/#comment-12658 Bridget Wed, 10 Mar 2010 02:20:34 +0000 http://www.caaflog.com/?p=5005#comment-12658 Weren't both the defendants in Reid v Covert and Kinsella v Krueger dependents of service members? Unless there is another case of which I am unaware, I believe SPC Davila may have the dubious distinction of being the first American service woman to be sent to a capital court-martial. Weren’t both the defendants in Reid v Covert and Kinsella v Krueger dependents of service members? Unless there is another case of which I am unaware, I believe SPC Davila may have the dubious distinction of being the first American service woman to be sent to a capital court-martial.

]]> By: John O'Connor http://www.caaflog.com/2010/03/09/fort-lewis-double-homicide-case-referred-capitally/comment-page-1/#comment-12657 John O'Connor Wed, 10 Mar 2010 01:33:14 +0000 http://www.caaflog.com/?p=5005#comment-12657 Anon 2008: Covert (of Reid v. Covert fame). Also the court-martial that resulted in Kinsella v. Krueger (can't remember if the accused's name was Krueger or not). I don't think there have been any since the military death penalty got reinstated. Anon 2008:

Covert (of Reid v. Covert fame). Also the court-martial that resulted in Kinsella v. Krueger (can’t remember if the accused’s name was Krueger or not). I don’t think there have been any since the military death penalty got reinstated.

]]> By: Anonymous http://www.caaflog.com/2010/03/09/fort-lewis-double-homicide-case-referred-capitally/comment-page-1/#comment-12656 Anonymous Wed, 10 Mar 2010 01:08:35 +0000 http://www.caaflog.com/?p=5005#comment-12656 Do you happen to know if any other capital court-martial has involved a female accused? Do you happen to know if any other capital court-martial has involved a female accused?

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