CERTIFICATE OF INTERPRETER: Use and preparation of when taking depositions. Apr. '58, p. 9. CHALLENGES: For cause-procedure for. Aug. '59, p. 7. Peremptory-procedure for. Aug. '59, p. 7. CHAPLAIN: Role of Chaplain in administration of Naval Justice. Dec. '57, p. 12. CHARGES AND SPECIFICATIONS: Accused should be tried for unauthorized absence if only evidence Apprenhension, custody and confinement-defined and discussed. Joinder of offenses. Nov. '60, p. 66. Pleading guilty for a consideration in the Army. Dec. '57, p. 11. Pretrial agreements as to guilty pleas in general courts-martial. COLLISIONS: Legal effect of radar in marine collisions. Jan. '57, p. 7. Log entry-when practicable, a statement of circumstances should be made immediately after occurrence. Mar. '58, p. 3. COMMANDANTS, NAVAL DISTRICTS: Provide technical assistance to investigate sonic boom claims. May '57, p. 3. COMMAND INFLUENCE: Collection of significant COMA decisions on command influence. Use of policy letters in courts-martial. Sep. '57, p. 9. COMMANDING OFFICER: Aircraft accident investigations-responsibility to conduct. Sep. '59, p. 5. Collision log entry-when practicable, a statement of circumstances should be made immediately after occurrence. Mar. '58, p. 4. Indebtedness-inquiry into complaints of. Nov. '60, p. 71. Leadership as related to application of Military Law. Dec. '57, p. 13. Letters of commendation-value to Navy. Oct. '60, p. 58. Role of leadership in relation to discipline and the administration of justice. Dec. '57, p. 4. CONDUCT TO THE PREJUDICE OF GOOD ORDER AND DISCIPLINE: Discussed-Standards of conduct. Mar. '58, p. 7. CONFESSIONS: Corroborating evidence need not, independent of the confession, establish the corpus delicti. Dec. '58, p. 12. No conviction solely upon uncorroborated extra-judicial confession. Dec. '58, p. 11. Prearraignment interrogation-right to counsel during. Oct. '60, p. 47. Pretrial confessions and statements relevant to UCMJ, Art. 31. Jan. '57, p. 3; Jul. '57, p. 11; Aug. '57, p. 3. CONFLICT OF INTEREST: Limitations on the employment of retired naval personnel. Nov. '57, p. 3. CONGRESS (see Legislation). CONSTITUTION: Court-martial of civilians. Nov. '58, p. 15. Employment of retired naval personnel by foreign governments. Presidential pardons. May '57, p. 3. Privilege against self-incrimination. Jan. '57, p. 3; Jul. '57, p. 11. Right of accused to counsel in criminal prosecutions. May '59, D. 9. CONTINGENCY OPTION ACT: Reduced retired pay to entitle surviving dependents to an annuity upon death after retirement-discussed. Aug. '59, p. 13. CONTINUANCES: Depositions-for taking of. Sep. '57, p. 4; Oct. '57, p. 7; Sep. '58, p. 14. CONVENING AUTHORITY: Accuser concept vs. official interest discussed. May '58, p. 3. Advisory instructions to trial counsel on preparation of case. May '58, p. 5. Any suspension which is utilized to order into execution another portion of the sentence is a probationary suspension. Nov. '59, p. 10. Commutation of sentences. Dec. '60, p. 91. Depositions-use of. Sep. '57, p. 3; Oct. '57, p. 5. Apr. '57, p. 22. Discretionary review as to clemency. Apr. '57, p. 22. Pretrial agreements as to guilty pleas in General Courts-Martial. Use of. Sep. '57, p. 3; Oct. '57, p. 5; Apr. '58, p. 3. Deprivation of counsel and ineffective assistance by counsel violates military due process. Aug. '59, p. 9. Disobedience of orders-elements of proof and procedures for trial counsel. Oct. '60, p. 51. Effect of failing to present argument to court on findings and sentence. Aug. '59, p. 11. Entrapment as a defense. May '60, p. 7. Errors capable of rendering counsel's representation inadequate. Aug. '59, p. 10. Finding the law. Nov. '60, p. 67. For the party before a Physical Evaluation Board. Mar. '57, p. 18. COUNSEL-Continued Inadequate representation by defense counsel. Aug. '59, p. 9. Joinder of offenses. Nov. '60, p. 66. Pleading guilty for a consideration in the Army. Dec. '57, p. 11. Prearraignment interrogation-right to counsel during. Oct. '60, p. 47. Preparation of case by trial counsels without legal training. May '57, p. 11. Presumption that counsel properly performed his duties is being replaced by an attitude of judicial scrutiny. Aug. '59, p. 9. Pretrial agreements as to guilty pleas. Dec. '58, p. 19. Pretrial agreements as to guilty pleas extended to special courtsmartial. Dec. '57, p. 17. Pretrial agreements as to guilty pleas in General Courts-Martial. Oct. '57, p. 3. Shipboard legal officer. Jun. '58, p. 13. DAMAGING, DESTROYING OR LOSING MILITARY PROPERTY: Through negligence. Mar. '58, p. 7. DEFENSES: Entrapment-discussed. May '60, p. 7. Former punishment-plea of bar to trial. Sep. '60, p. 24. Ignorance or mistake of facts. Jan. '57, p. 13. DEFENSES-Continued Insanity as a defense to malingering-discussed. May '58, p. 9. Insanity as a defense to negligent homicide. Mar. '58, p. 7. Negligent Homicide-mere contributory negligence on the part of a third party is not a defense. Mar. '58, p. 10. DEPOSITIONS: Admission and offering a deposition into evidence-requirements for. Sep. '58, p. 13. Collection of significant COMA decisions on. Jan. '60, p. 11. Disagreements as to manner of talking-oral or written. Sep. '58, p. 14. Oral deposition-how to take. Apr. '58, p. 10. State of the law. Oct. '60, p. 57. Use of. Sep. '57, p. 3; Oct. '57, p. 5 ; Apr. '58, p. 7. DERELICTION IN THE PERFORMANCE OF DUTIES: Negligence as. Mar. '58, p. 9. DESERTION: Conviction cannot be sustained if only evidence of specific intent is period of absence. Dec. '57, p. 28; Jun. '58, p. 9. Effect of mistake of fact. Jan. '57, p. 14. DISABILITY: Counsel for the party before a Physical Evaluation Board. Mar. '57, p. 18. Limitations on the employment of retired naval personnel. Nov. '57, p. 3. Malingering-discussed. May '58, p. 9. Physical disability retirement procedures. Dec. '58, p. 7. Physical retirement-new disability separation regulations. Feb. '60, p. 7. Portal to portal disability benefits for inactive duty training. Nov. '58, p. 27. Retirement-discussed. Jun. '59, p. 5. DISARMAMENT: Cannot be disengaged from space control. Feb. '59, p. 21; Mar. '60, p. 24. DISCIPLINE: Effect of the administration of justice upon discipline. Dec. '57, p. 7. Leadership as related to application of military law. Dec. '57, p. 13. Letters of commendation-value to Navy. Oct. '60, p. 58. Object of awarding punishment is the maintenance of a high state of discipline. Aug. '58, p. 3. Purpose and function of. Dec. '57, p. 4. Requires more than courts. Aug. '58, p. 3. DISCOVERY: Release of official Navy records in response to motions for discovery in civil courts. Jul. '58, p. 3. DISOBEDIENCE OF ORDERS: Elements of proof and procedures for trial counsel under articles 90, 91 and 92. Oct. '60, p. 51. Evidence required to constitute proof of corpus delicti. Dec. '58, p. 13. Trial counsel-role of. Oct. '60, p. 51. Defined and distinguished from residence. Feb. '57, p. 5. Legal residence of military personnel. Jun. '60, p. 6. Sending family to intended new domicile not sufficient to effect change. Feb. '57, p. 11. Serviceman may acquire a new domicile while in service. Feb. '57, p. 9. Wife's domicile follows her husbands. Feb. '57, p. 12. DUAL COMPENSATION ACT: Discussed. Jun. '59, p. 8. Limitations on the employment of retired naval personnel. Nov. '57, p. 4. DUAL EMPLOYMENT ACT: Discussed. Jun. '59, p. 7. Limitations on the employment of retired naval personnel. Nov. '57, p. 3. DUE PROCESS: Counsel right to counsel during prearraignment interrogation. Oct. '60, p. 47. Deprivation of counsel and ineffective assistance by counsel violates miltiary due process. Aug. '59, p. 9. Testimony-former testimony in trials by court-martial-use of. Nov. '60, p. 75. Trial in Absentia-under NATO, SOF agreements. Aug. '59, p. 11. EMPLOYEES: E Civilian guards at naval installations-status, authority and personal liability. Jul. '57, p. 3. ENLISTED PERSONNEL: Retired-limitations on the employment of. Nov. '57, p. 3. EVIDENCE: Admissibility. Business entries. Sep. '58, p. 15. Compelling an examination for scars. Jul. '57, p. 13. Compelling the accused to place a foot in a track. Jul. '57, p. 13. Compelling the taking of fingerprints of the accused. Jul. '57, p. 13. Depositions-requirements for. Sep. '58, p. 13. Forcibly shaving or compelling accused to grow a beard. Of depositions. Sep. '57, p. 3; Oct. '57, p. 5. Pretrial statements and confessions revelant to UCMJ, Art. Promises and inducements to the accused during interrogation. Aug. '57, p. 3. Aircraft Accident Report is a priviledged document. Sep. '59, pp. 6, 9. Collection of significant COMA decisions on. Jan. '60, p. 10. Constructive knowledge cannot be substituted for actual knowledge to prove violation of lawful orders inferior to general orders. Sep. '58, p. 19. Convening Authority's review as to sufficiency of evidence. Apr. '57, p. 20. Convening Authority's review of evidence outside the record. Apr. '57, p. 17. Corroborating evidence need not, independent of the confession, establish the corpus delicti. Dec. '58, p. 12. Depositions in trials-use and preparation of. Apr. '58, p. 7. Depositions-state of the law. Oct. '60, p. 57. Desertion conviction cannot be sustained if only evidence of specific intent is period of absence. Dec. '57, p. 23; Jun. '58, p. 9. Expert witness on mental responsibility of accused. Dec. '60, p. 82. Pretrial statements and confessions. Jan. '57, p. 4; Jul. '57, p. 11; Aug. '57, p. 3. Production of Navy records. Jul. 58, p. 3. Search and Seizure collection of significant COMA decisions. Jan. '60, p. 11. Self-Incrimination-collection of significant COMA decisions. Jan. '60, p. 12. Service Record Entries-collection of significant COMA decisions. Jan. '60, p. 10. Ship's logs-legal effect of improper maintenance. Mar. '58, p. 3. Statements, affidavits and depositions defined. Oct. '57, p. 5. Stipulations-collection of significant COMA decisions. Jan. '60, p. 10. Sufficiency of-review for. Mar. '59, p. 5. Testimony-former testimony in trials by court-martial-use of. Nov. '60, p. 75. FEDERAL HOUSING AUTHORITY: Buying and selling the home. Feb. '60, p. 11. FEDERAL OLD AGE AND SURVIVORS INSURANCE TRUST FUND: Operation and administration of. Apr. '57, p. 5. FEDERAL RULES OF CIVIL PROCEDURE: Authentication of copies of official Navy records. Jul. '58, p. 4. FEDERAL TAXES: Cigarettes, tobacco products and soft drink tax. Jun. '60, p. 12. Considerations in the sale and purchase of homes. Sep. '58, p. 17. Income Tax. Dependents as an exemption deduction. Dec. '58, p. 15. Joint returns. Oct. '58, p. 9. Tax free interest. May '59, p. 18. Traveling expenses discussed. May '59, p. 17. |