La. Admin. Code tit. 41 § II-523
UNIT HEADING
LANG-XXX July 5, 2008
MEMORANDUM FOR: Commander, 256th Infantry Brigade (M), 1806 Surrey St., Lafayette, LA 70508
SUBJECT: Referral of Charges to Court-Martial
Forwarded herewith are sworn court-martial charges for appropriate disposition.
Summaries of expected testimony and documentary evidence upon which the charges are based, if any, are enclosed.
The following material witnesses are expected to be available at the time of the trial:
(List Rank(s), Name(s), and Address (es)
There is evidence of _____ (list number, if any) of admissible previous court-martial conviction(s) of the accused. A duly authenticated extract copy of the accused's military records of previous conviction s showing such conviction(s), if any, is enclosed.
The character of the accused's military service prior to the offense(s) charged has been (excellent) (good) (fair) (unsatisfactory).
I recommend trial by (Summary) (Special) (General) Court-Martial, and further recommend that the Service member (be) (not be) retained in the Louisiana National Guard. [If applicable: The accused was offered and declined Summary Court-Martial for the charge.]
HARD CHARGER
MAJ, IN, LANG
Commanding
UNIT HEADING
LANG-xxx DATE
MEMORANDUM FOR: Commander, 256th Infantry Brigade (M), 1806 Surrey St., Lafayette, LA 70508
SUBJECT: Advice on Disposition of Court-Martial Charges UP R.C.M. 406
PERSONAL DATA: The accused's records indicate no prior court-martial convictions or non-judicial punishment.
DOB/AGE: 8 Dec 56 (35)
RACE: White
TIME IN SVC: 15 yrs, 1 mo.
CIV EDUCATION: HS Graduate
MIL EDUCATION: Advanced Course
ETS:21 Feb 94
MARITAL STATUS: Married
DEPENDENTS: 2
PRETRIAL CONF. None
CHARGES:
Disrespect [LCMJ Article 89]
Dereliction [LCMJ Article 92]
LEGAL CONCLUSIONS: After reviewing the attached charges and allied papers, I have reached the following conclusions:
Each charge/specification alleges an offense under the LCMJ;
The allegations in each charge/specification are warranted by the evidence;
There is court-martial jurisdiction over the accused and all charged offenses.
RECOMMENDATIONS: Company and Battalion Commanders recommend trial by Special Court-Martial. I concur in recommendation of Special Court-Martial.
LEGAL EAGLE
LTC, JA
Staff Judge Advocate
Attachments
(Charge Sheet)
(Allied Papers)
STATE OF LOUISIANA
Military Department
WARRANT FOR ARREST
TO ALL PEACE OFFICERS OF THE STATE OF LOUISIANA AND PROVOST MARSHALLS OF THE ARMED FORCES OF THE STATE OR FEDERAL GOVERNMENT, GREETINGS:
Pursuant to Articles 7 through 14 of the Louisiana Code of Military Justice (LA Revised Statutes 29:107 through 114), and considering the attached affidavit supporting a determination that probable cause exists to believe that an offense under the LCMJ was committed by the Service member named herein, YOU ARE HEREBY DIRECTED TO ARREST:
Name, Rank, Social Security Number, Address
whose description is as follows: Race: Weight: Height: DOB: Hair: Eyes:
and bring said person either before me, the undersigned authority at Address of unit
immediately, or, alternatively, to deliver said person to Name of Parish Jail or to the most appropriate detention facility within your jurisdiction for the purpose of answering to the State of Louisiana for an offense against the laws of said State, as follows: State LCMJ Article(s) from Charge Sheet as sworn to in writing before me. The accused may be fingerprinted and photographed if required by your agency, and while in your custody, the said individual shall be subject to the same treatment as other persons so restrained under the laws of the State of Louisiana. The accused may be released in to the custody of the Louisiana National Guard or admitted to bail in the amount of $500.00 and given written notice to report within 24 hours to his National Guard unit at the address below. This warrant shall expire six months from the date of issuance, and authorized detention SHALL NOT EXCEED EIGHT HOURS from the time of arrest. Upon release the arresting authority shall deliver the attached written direct order to report to the unit before 1600 the following working day. Immediately after the accused is in custody, and again when he is released, you are required under LA R.S. 29:111(c) to notify his National Guard unit by calling the following persons:
Name and Rank __ Daytime Phone No. ___ After Hours Phone No.
By authority of the Governor of the State of Louisiana, I affix my official signature, this ________ day of _______________________, 2008.
__________________________________________________
(Typed Name & Rank of Convening Authority ("CA") (CA's Signature)
__________
(Military Unit and Location)
Item 1 Enter last name, first name, and middle initial of accused.
Item 2 Enter Social Security Account Number of accused.
Item 3 See AR 600-200, Table 1-1, for proper rank/grade designations. Example: PFC; SFC.
Item 4 Enter numerical pay grade designation of officer or enlisted member, as appropriate. Example: E-4; E-1.
Item 5 Enter complete military address of unit to which the individual is assigned.
Item 6 Enter initial date and term of current enlistment.
Item 7 Enter amount of base pay for one inactive duty training period. Louisiana National Service members do not receive "sea or foreign duty pay."
Item 8 Enter nature of any restraint imposed upon the accused at the time the charge sheet is prepared. Example: Arrest in Quarters; Confinement. If no restraint is imposed, enter NONE.
Item 9 Enter the date that restraint in Item 8 was imposed. If no restraint is imposed, enter N/A.
Item 10 Change "UCMJ" to "LCMJ." Each violation of a different section of the LCMJ requires a separate charge. Charges, if more than one, are numbered by Roman numerals. Examples: I; II; III; IV, etc. If only one charge is made, it need not be numbered. In the blank space following the word "Article," enter the appropriate section of the LCMJ. Each specification under a charge is numbered with Arabic numerals. Example: 1; 2; 3; 4, etc. If only one specification is shown under a charge, it need not be numbered. Do not use abbreviations or SSAN of the accused in any specification. Specifications will be free of typographical errors. Consult Part IV of the Manual for Courts-Martial, United States, for sample specifications. Do not alter the words in a model specification without advice from the servicing staff judge advocate.
Item 11 For "preferral of charges," enter name, grade, and organization of accuser. While it is customary for the unit commander to sign as accuser, any person subject to the LCMJ may be an accuser, though that individual may not thereafter refer the charges to a GCM or SPCM. [See LCMJ Article 30.] Signing for the accuser is not authorized, and rubber stamp signatures are not authorized. Charges must be sworn in all cases, with the accuser signing the charge sheet in the presence of the servicing staff judge advocate, his assistant, or one of the individuals so authorized to administer oaths for military justice purposes. [See LCMJ Article 136.] No accused may be tried on unsworn charges over his objection. Only a commissioned officer may swear the accuser to the charges. [LCMJ Article 136.]
Item 12 Enter date accused was notified of the charges. Enter name, grade, and organization of person informing accused of the charges. If possible, the accused's commander should make this notification personally. If personal notice is not possible, a letter notifying the accused should be mailed using first class postage, and the charge sheet should be noted to so reflect. The one notifying the accused of the charges should also complete the DA Form 5111-R, Summary Court-martial Rights Notification/Waiver Statement. [See Figure 5-6.]
Item 13 The unit commander then forwards the charge sheet to the Summary Court-martial Convening Authority, usually the battalion or squadron commander. The time and date on which the charges are received by the SCM Convening Authority is critical as it begins the statute of limitations clock running. [LCMJ Article 43.]
Item 14 The appropriate convening authority's decision on the level of court-martial is entered in this blank.
Item 15 Enter record of service of the charge sheet upon the accused. The Summary Court-martial Officer normally serves SCM process. It is Trial Counsel's responsibility to insure that timely service is made for SPCM and GCM. Service may be accomplished either by personal deliver or first class mail.
See R.C.M. 307 for further guidance. All blocks of Charge Sheet must carry an entry, and all changes, corrections, additions, and deletions must be initialed by the person who makes them.
STATE OF LOUISIANA SPECIAL COURT-MARTIAL NO.____
versus
PRIVATE E-1 JOHN DOE
256TH INFANTRY BRIGADE (M)
LOUISIANA ARMY NATIONAL GUARD
OFFER TO PLEAD GUILTY
I, Private E-1 John Doe, the accused in a Special Court-Martial now pending, have had an opportunity to examine the charges preferred against me, the investigating officer's report, and the statements and documents attached thereto; and after consulting with my defense counsel, CPT _____, and being fully advised that I have a legal and moral right to plead not guilty to the Charge and Specification under which I am about to be tried, to wit:
Charge: Violation of the Louisiana Code of Military Justice, Article 86, containing one specification of AWOL from 4-11 July, 1992.
I offer to plead guilty to the Charge and the Specification, provided that the convening authority will not approve any sentence in excess of the sentence attached hereto as Appendix I.
In offering the above agreement, I declare that:
I agree upon acceptance of this offer to enter into a written stipulation with the trial counsel of the facts and circumstances surrounding the offenses and further agree that this stipulation may be used to inform the court-martial of matters pertinent to an appropriate finding and/or sentence. I am satisfied with the defense counsel who has been detailed to defend me. This offer to plead guilty originated with me and no person or persons have made any attempt to force or coerce me into making this offer to plead guilty. My defense counsel has advised me of the meaning and effect of my guilty plea and I understand the meaning and effect thereof. I understand that I may request a withdrawal of this plea at any time before sentence is announced and the military judge determines whether the request should be granted. I understand this offer and agreement and the fact that I have agreed to enter into the stipulation of fact as set out above. If my plea is not accepted, this offer to stipulate is null and void. I further understand that this agreement will be automatically canceled upon the happening of any of the following events:
Failure of agreement with the trial counsel on the contents of the stipulation of fact;
The withdrawal by either party from the agreement prior to trial;
The modification at any time of the agreed stipulation of fact without consent of trial counsel or myself; The changing of my plea by anyone during the trial from guilty to not guilty; or, The refusal of the Military Judge to accept my plea of guilty.
_________________________ _____________________________
DEFENSE COUNSEL ACCUSED
The foregoing is (accepted) (not accepted).
_____, Louisiana, this ___ day of _____, 19__.
___________________________
COMMANDER
On a separate sheet, the sentencing limitation language should be typed, substantially as follows:
APPENDIX I
I, Private E-1 John Doe, offer to plead guilty to the Charge and Specification herein provided the convening authority will not approve a sentence in excess of a fine of not more than $75.00 and confinement of not more than 60 days.
_____, Louisiana, this ___ day of _____, 19__.
_________________________ ___________________________
DEFENSE COUNSEL ACCUSED
The foregoing is (accepted) (not accepted).
___________________________
COMMANDER
UNIT HEADING
LANG-xxx DATE
SPECIAL COURT-MARTIAL CONVENING ORDER 08-XX
MILITARY JUDGE
COL WILLIAM R. JUSTICE, Louisiana State Guard, certified in accordance with LCMJ Article 26(b) and previously sworn in accordance with LCMJ Article 42(a).
TRIAL COUNSEL
MAJ JOE BROWN, JA, HHC 225TH EN BDE, LAARNG, is detailed as TRIAL COUNSEL, certified in accordance with LCMJ Article 27(c) and previously sworn in accordance with LCMJ Article 42(c).
DEFENSE COUNSEL
CPT BLEEDING HEART, JA, Joint Forces Headquarters, Trial Defense Service, LAARNG, is detailed as DEFENSE COUNSEL, certified in accordance with LCMJ Article 27(c) and previously sworn in accordance with LCMJ Article 42(c).
SPECIAL COURT-MARTIAL CONVENING ORDER 08-XX
DATE
| MEMBERS | ||
| RANK | NAME | UNIT NAME |
| COL | ADAM, JOHN ROGER | JFHQ-LA(-) |
| COL | BOAT, JAMES ERNEST | JFHQ-LA(-) |
| MSG | BROCH, TED ANTHONY | JFHQ-LA(-) |
| MSG | COOK, JOSEPH GREG | HHC, 225TH EN BDE |
| LTC | CHARLES, JERRY SCOTT | HHC, 225TH EN BDE |
| MSG | DANGLE, DENISE MARIE | JFHQ-LA(-) |
| MSG | GENNERY, DONNA JEAN | JFHQ-LA(-) |
| 1SG | GOLF, JEFFERY BLAKE | 926 MOBILITY AUG CO (MAC) |
| CSM | HUBERT, FRANKLIN RAY | HSC 527 EN BN |
| COL | JONES, JORDAN TODD | 61ST TROOP COMMAND |
| SFC | LANDRY, LEROY | 61ST TROOP COMMAND |
| CPT | MACFLUFF, AARON | JFHQ-LA(-) |
| MSG | MCGIBB, ROBIN KENDALL | JFHQ-LA(-) |
| SFC | MCNOOFUNHOUSER, NATASHA | HHC 256TH INF BDE (IBCT) |
| 1SG | NUGENT, ROBERT EUGENE | DET 1, 199TH REG (LDR) |
| 1SG | PARTINES, GREGORY ALFRED | 812TH MED CO (AIR AMBL) |
| LTC | PINGER, LADENNA MAYEUR | JFHQ-LA(-) |
| 1SG | ROUGH, DANNY ALFRED | 843(-) HORIZONTAL EN CO |
| 1SG | RALGER, JOHN MARTIN | CO C (MED), 199TH SPT BN |
| MAJ | RASSHOUSE, TINA DRACINE | JFHQ-LA(-) |
| MSG | RAINS, MELODY ANN | JFHQ-LA(-) |
| MSG | SALIVASTER, DENNIS JOYAUS | HHD 139 SUPPORT GROUP (REG) |
| CPT | ST. THOMAS, JOHN GREGORY | 769 EN BN |
| LTC | TALLWOOD, VINCENT DOUGLAS | HHD 139 SUPPORT GROUP (REG) |
| SGM | TOILRER, PAT RAY | JFHQ-LA(-) |
| MSG | VICTOR, JAMES MICHAEL | HHC 225TH EN BDE |
| SGM | WILLIAMS, GREG ALLEN | JFHQ-LA(-) |
BY ORDER OF THE COMMANDER:
BENNETT LANDRENEAU
MG, LANG
Commanding
La. Admin. Code tit. 41, § II-523