SHORTY LONG
Senior Member
What is the name of your state? OHIO
08 SEPTEMBER 2005
Special Court Martial With Military Judge Alone!
Respectfully, when one is tried by a special court martial by a military judge alone by advice from military appointed counsel with a guilty plea already pre-entered for purely military offenses (and was not a pretrial agreement) for the MJ asked this question and defense counsel said no and government trial counsel did not object) The MJ did say, "I understand you are pleading guilty."
(1) For the court martial to be lawful that carries a bad conduct discharge, does the defendant have to be sworn in under oath for his answers to the Military Judges Questions while on stand to be lawful under the Constitution and the UCMJ?
(A) Or is unsworn statements during trial legal to uphold the lifelong federal conviction with a BCD? If one does need to be sworn in under oath before answering questions from the MJ in a special court martial, where is this located in the UCMJ at; and if one does not need to be sworn in before giving answers, where in the UMCJ is it located at?
(2) If jurisdiction is never mentioned during trial, can it be raised on post conviction relief after all administrative avenues have been exhausted; and then some? If it can be raised, where does one file for relief at; and then, does the Government not have an affirmative duty to prove that it had personal and subject matter over the accused for purely military offenses?
Also, there was no kind of defense raised, nor any motions, nor any appeal by advice from counsel; and an appeal was never mentioned by the Military Judge; nor any clemency was mentioned or offered!
At the time of special court martial (1971) the defendant was a High School drop out and just turned 20 by 10 days!
And the only other thing worth mentioning at this juncture is that I was fraudulently recruited (recruiter misconduct) and this was never addressed in the court martial; the MJ did ask how i entered into the Marine Corps and needless to say, that is, I was scared for my life and young dumb and stupid! I replied, Sir, I was going to be drafted Sir! Oh, for what it is worth, i did not know what my draft number was until a few years ago!
Also I had an undisclosed FBI file that was never brought out in the trial (which is a clear Brady Violation) because the evidence was substantial to a fair trial and clearly a defense could have been had; thereby by not disclosing this material evidence has been prejudicing me lifelong from a federal conviction lacking in lawful jurisdiction!
I have now been for 32 years trying to get my good name back pro se; and have exhausted more than once many avenues that were and (hopefully still are) available for relief from this lifelong nightmare unconstitutional conviction!
In advance, thank you for your time and GOD sent help.
Very respectfully and sincerely submitted,
Shorty
08 SEPTEMBER 2005
Special Court Martial With Military Judge Alone!
Respectfully, when one is tried by a special court martial by a military judge alone by advice from military appointed counsel with a guilty plea already pre-entered for purely military offenses (and was not a pretrial agreement) for the MJ asked this question and defense counsel said no and government trial counsel did not object) The MJ did say, "I understand you are pleading guilty."
(1) For the court martial to be lawful that carries a bad conduct discharge, does the defendant have to be sworn in under oath for his answers to the Military Judges Questions while on stand to be lawful under the Constitution and the UCMJ?
(A) Or is unsworn statements during trial legal to uphold the lifelong federal conviction with a BCD? If one does need to be sworn in under oath before answering questions from the MJ in a special court martial, where is this located in the UCMJ at; and if one does not need to be sworn in before giving answers, where in the UMCJ is it located at?
(2) If jurisdiction is never mentioned during trial, can it be raised on post conviction relief after all administrative avenues have been exhausted; and then some? If it can be raised, where does one file for relief at; and then, does the Government not have an affirmative duty to prove that it had personal and subject matter over the accused for purely military offenses?
Also, there was no kind of defense raised, nor any motions, nor any appeal by advice from counsel; and an appeal was never mentioned by the Military Judge; nor any clemency was mentioned or offered!
At the time of special court martial (1971) the defendant was a High School drop out and just turned 20 by 10 days!
And the only other thing worth mentioning at this juncture is that I was fraudulently recruited (recruiter misconduct) and this was never addressed in the court martial; the MJ did ask how i entered into the Marine Corps and needless to say, that is, I was scared for my life and young dumb and stupid! I replied, Sir, I was going to be drafted Sir! Oh, for what it is worth, i did not know what my draft number was until a few years ago!
Also I had an undisclosed FBI file that was never brought out in the trial (which is a clear Brady Violation) because the evidence was substantial to a fair trial and clearly a defense could have been had; thereby by not disclosing this material evidence has been prejudicing me lifelong from a federal conviction lacking in lawful jurisdiction!
I have now been for 32 years trying to get my good name back pro se; and have exhausted more than once many avenues that were and (hopefully still are) available for relief from this lifelong nightmare unconstitutional conviction!
In advance, thank you for your time and GOD sent help.
Very respectfully and sincerely submitted,
Shorty
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