Synopsis | Papers On Presidential Disability And The Twenty-Fifth Amendment: By Six Medical
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Synopsis | Papers On Presidential Disability And The Twenty-Fifth Amendment: By Six Medical - Video
DayZ Alcatraz Roof Warden Fifth Amendment
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DayZ Alcatraz Roof Warden Fifth Amendment - Video
WASHINGTON (Tribune News Service) Seaman Nancy L. Castillo was already in hot water with the Navy when she was busted near Bremerton, Wash., for suspected drunken driving.
What didnt happen next has now brought Castillos case all the way from Washingtons Kitsap County to the nations highest military court.
On Wednesday, in a dispute potentially important to myriad servicemembers, the U.S. Court of Appeals for the Armed Forces will consider whether the Navy can require sailors to self-report civilian criminal charges, despite the Fifth Amendments protection against self-incrimination.
The self-reporting requirement provides a real and appreciable danger of legal detriment, Castillos defense attorney, Navy Lt. Carrie E. Theis, argued in a brief, adding that it is reasonable for a service member to believe that disclosing would lead to incriminating evidence.
Theis, who declined to comment Tuesday, has some support for her argument, although in the end she may be going against the tide in a court respectful of military discipline.
In a 2009 case also involving an unreported drunken driving charge filed against an East Coast-based Navy enlisted man, a divided U.S. Navy-Marine Corps Court of Criminal Appeals concluded a self-reporting requirement covering alcohol arrests violated the Fifth Amendment.
The Navy-Marine Corps court noted that a self-reporting rule demands the revelation, directly or indirectly, of facts relating a service member to an offense. The higher-ranked U.S. Court of Appeals for the Armed Forces also struck down the rule concerning alcohol offenses, although not on constitutional grounds.
The appellate court could also on Wednesday try to resolve Castillos case without digging deep into the Fifth Amendment.
Navy Secretary Ray Mabus, a former governor of Mississippi, issued new regulations in July 2010. Sailors must now report the basic civilian charges, but not all the factual details. For doing so, they receive Navy immunity unless military investigators independently obtain evidence.
Arrest records are not covered by the Fifth Amendment privilege, Marine Corps Capt. Matthew H. Harris wrote in a brief for the Navy, adding that the fact that (Castillo) was arrested and charged, by itself, could never form the basis for prosecution against her.
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Appeals court to hear sailor's case that pits military rules against 5th Amendment
WASHINGTON Machinists Mate Fireman Nancy L. Castillo was already in hot water with the Navy when she was busted near Bremerton, Wash., for suspected drunken driving.
What didnt happen next has now brought Castillos case all the way from Washingtons Kitsap County to the nations highest military court.
On Wednesday, in a dispute potentially important to myriad service members, the U.S. Court of Appeals for the Armed Forces will consider whether the Navy can require sailors to self-report civilian criminal charges, despite the Fifth Amendments protection against self-incrimination.
The self-reporting requirement . . . provides a real and appreciable danger of legal detriment, Castillos defense attorney, Navy Lt. Carrie E. Theis, argued in a brief, adding that it is reasonable for a service-member to believe that disclosing would lead to incriminating evidence.
Theis, who declined to comment Tuesday, has some support for her argument, although in the end she may be going against the tide in a court respectful of military discipline.
In a 2009 case also involving an unreported drunken driving charge filed against an East Coast-based Navy enlisted man, a divided U.S. Navy-Marine Corps Court of Criminal Appeals concluded a self-reporting requirement covering alcohol arrests violated the Fifth Amendment.
The Navy-Marine Corps court noted that a self-reporting rule demands the revelation, directly or indirectly, of facts relating a service member to an offense. The higher-ranked U.S. Court of Appeals for the Armed Forces also struck down the rule concerning alcohol offenses, although not on constitutional grounds.
The appellate court could also on Wednesday try to resolve Castillos case without digging deep into the Fifth Amendment.
Navy Secretary Ray Mabus, a former governor of Mississippi, issued new regulations in July 2010. Sailors must now report the basic civilian charges, but not all the factual details. For doing so, they receive Navy immunity unless military investigators independently obtain evidence.
Arrest records are not covered by the Fifth Amendment privilege, Marine Corps Capt. Matthew H. Harris wrote in a brief for the Navy, adding that the fact that (Castillo) was arrested and charged, by itself, could never form the basis for prosecution against her.
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Former sailor fights Navy rules on civilian offenses
Kelly Clarkson is hardly shy when it comes to how candid she'll get in an interview. So when she sat down on Thursday night's Watch What Happens Live, with a glass of wine, the "Heartbeat Song" singer was characteristically real.
She and host Andy Cohen shared a few laughs during a game of "Plead the Fifth" on the late-night Bravo talk show. Needless to say, Clarkson didn't use her Fifth Amendment rights during the conversation.
Kelly Clarkson's Response After Online Bullying? 'I'm Awesome!'
Cohen first asked the singer about her 2013 tweet during which she referred to "#pitchystrippers" during that year's VMAs.
"I never said Miley Cyrus. The fact that I tweeted 'pitchy stripper' and people said Miley Cyrus is not my problem," she said. "I'm just saying. I never said Miley Cyrus, my man. Everyone else said Miley Cyrus. I'm not saying who it was."
Kelly Clarkson Q&A: The Pop Superstar on 'Piece By Piece,' Recording While Pregnant & Bringing a Crib on Her Tour Bus
Additionally, Clarkson was open about her past dating fellow season one American Idol contestant Justin Guarini, who first confirmed their past as a couple last year.
"We didn't date during Idol," Clarkson clarified. "We did date. I feel like we weren't dating through the movie [From Justin to Kelly]. We did date a little bit. I think any two people who were thrown together that much... guy, girl, you put 'Timeless,' that song from From Justin to Kelly, you can't fight it!"
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Kelly Clarkson Dishes on Justin Guarini, Miley Cyrus on 'Watch What Happens Live'