Posted on Dec 14, 2022
Sailor’s conviction overturned due to judge’s suspended law license
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Some UCMJ convictions are being overturned due to military judges and JAG forgetting to renew their law licenses.
Sailor’s conviction overturned due to judge’s suspended law license
Posted from navytimes.com
UCMJ
Sailors
Marines
Law
Edited >1 y ago
Posted >1 y ago
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LTC Eugene Chu
..."According to published Navy results of trial, Painter pleaded guilty to indecent recording pursuant to a plea agreement at a special court-martial in San Diego. The appellate ruling states he had photographed “the genitalia of unknown individuals without their consent while onboard USS Essex,” a Wasp-class amphibious assault ship. He was sentenced to confinement for eight months, reduction in rank to E-3, and a bad-conduct discharge.
The invalidation of findings and sentence means he’ll likely return to court-martial, and potentially face a different sentence.
First admitted to the California Bar in 1998, Lockhart has served as a Navy prosecutor in a number of high-profile cases, including that of Abd al-Rahim al-Nashiri, charged with masterminding the 2000 bombing of the USS Cole, and the 2018 court-martial of three SEALs charged with war crimes.
Lockhart did not respond to a request for comment on the case.
It’s not the first time a licensing snafu has had major implications for military court cases. In 1993, the Marine Corps discovered that one of its hotshot attorneys, Capt. Jeffrey Zander, had never bothered to take the bar exam. At least 21 cases were affected, and 19 sentences overturned, two of them long prison terms, due to Zander’s deception. According to an account published in the ABA Journal in 1995, this episode resulted in the “Zander Rule,” requiring Marine Corps judge advocates to submit annual proof of their good legal standing to military authorities."
..."According to published Navy results of trial, Painter pleaded guilty to indecent recording pursuant to a plea agreement at a special court-martial in San Diego. The appellate ruling states he had photographed “the genitalia of unknown individuals without their consent while onboard USS Essex,” a Wasp-class amphibious assault ship. He was sentenced to confinement for eight months, reduction in rank to E-3, and a bad-conduct discharge.
The invalidation of findings and sentence means he’ll likely return to court-martial, and potentially face a different sentence.
First admitted to the California Bar in 1998, Lockhart has served as a Navy prosecutor in a number of high-profile cases, including that of Abd al-Rahim al-Nashiri, charged with masterminding the 2000 bombing of the USS Cole, and the 2018 court-martial of three SEALs charged with war crimes.
Lockhart did not respond to a request for comment on the case.
It’s not the first time a licensing snafu has had major implications for military court cases. In 1993, the Marine Corps discovered that one of its hotshot attorneys, Capt. Jeffrey Zander, had never bothered to take the bar exam. At least 21 cases were affected, and 19 sentences overturned, two of them long prison terms, due to Zander’s deception. According to an account published in the ABA Journal in 1995, this episode resulted in the “Zander Rule,” requiring Marine Corps judge advocates to submit annual proof of their good legal standing to military authorities."
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