Justia Military Law Opinion Summaries

Articles Posted in US Court of Appeals for the Tenth Circuit
by
A United States military court-martial convicted Petitioner-Appellant Clint Lorance of murder (and a variety of lesser offenses) for actions he took while leading a platoon of soldiers in Afghanistan. After exhausting his direct appeals, Lorance filed a federal habeas petition challenging his convictions. Lorance appealed the district court’s dismissal of that petition. The sole issue, and a matter of first impression for the Tenth Circuit's consideration was whether Lorance’s acceptance of a full and unconditional presidential pardon constituted a legal confession of guilt and a waiver of his habeas rights, thus rendering his case moot. The Court concluded Lorance’s acceptance of the pardon did not have the legal effect of a confession of guilt and did not constitute a waiver of his habeas rights. Despite Lorance’s release from custody pursuant to the pardon, he sufficiently alleged ongoing collateral consequences from his convictions, creating a genuine case or controversy and rendering his habeas petition not moot. Accordingly, judgment was reversed and the matter remanded for further proceedings. View "Lorance v. Commandant" on Justia Law

by
Plaintiff Steven Kientz spent many years as a "dual status" technician with the Kansas Army National Guard, where he worked as a mechanic on electronic measurement equipment. Plaintiff’s position required him to simultaneously serve as a member of the National Guard, a second job with separate pay and separate responsibilities. In retirement, Plaintiff receives a monthly pension payment under the Civil Service Retirement System based on his service as a dual status technician. Plaintiff also receives Social Security retirement benefits based on contributions he made to the Social Security system from his separate pay as a National Guard member. The issue this case presented for the Tenth Circuit's review centered on whether a dual status service technician’s civil service pension was “based wholly on service as a member of a uniformed service” under 42 U.S.C. 415(a)(7)(A). After review, the Court concluded Plaintiff's civil service pension is not “wholly” based on service as a member of a uniformed service, and his pension payments were therefore subject to the Windfall Elimination Provision ("WEP"). Plaintiff’s dual status technician work was at least partially distinct from the performance of his military duties. And Plaintiff received separate compensation and separate pensions for his performance of those distinct roles. The Court concurred with the district court and Social Security Administration that Plaintiff's Social Security retirement benefits were subject to the WEP. View "Kientz v. Commissioner, SSA" on Justia Law

by
Cameo Williams, Sr. was a veteran of the United States Army, who spent his entire service stateside - never overseas or in combat. But for years, based on false statements about combat service, he obtained VA benefits for combat-related PTSD. The issue presented for the Tenth Circuit Court of Appeals in this case was whether it mattered about Williams’ lies about overseas service to obtain his PTSD benefits. The Court rejected Williams’s argument that his lie was not material under 18 U.S.C. 1001(a)(2), as well as his two challenges to evidentiary rulings. View "United States v. Williams" on Justia Law