• 045 United States v. Cook
    Sep 3 2024

    When a job is wrapping up, it’s only natural to turn an eye to what comes next. Folks getting out of the military can speak with people trained in supporting servicemembers transitioning into civilian life and get one-on-one support with resume writing, job applications, and interview preparation. That route isn’t for everyone, and some people forge their own path into civilian life.

    For Airman Cook, preparing for his administrative separation from the Air Force, that path looked like partnering up with one of his close friends in a transportation job. Instead of long-haul trucking or food slinging, the duo decided to get into human smuggling.

    My main source was the AFCCA opinion.

    I also relied on information from the NWF Daily News, Davis Monthan AF Base, Wikipedia (1)(2), World Vision, Rand, and the History Channel.

    Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you listen to podcasts. I'm happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!

    Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense. I am not a military JAG and have never been a military JAG. While I'm a practicing attorney, I don't do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.

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    25 mins
  • 044 Washington v. Byrne
    Aug 20 2024
    What we don’t talk about in the Bar is that law school ruins eyeballs. Looking between our incoming class photo and photos from my 3L year, I clocked a lot of new framed faces. I went that opposite direction - I went from wearing glasses to wearing contacts. Learning to wear contacts was not without bumps and the most significant setback took place at the beginning, in my optometrist’s office. The optometrist brought me over to a backless stool near a well lit mirror so I could learn how to put my new lenses in and I recognized I was a little "medical environment" woozy. I explained that I needed a moment on the couch across the room. But the internal light switch went out before I got there and I broke the bottom pane of a glass door with my head on the way down. I came to with the sound of falling glass gently tinkling around me and missing a small clump of hair. Then, in the haze of my concussion, the optometrist asked me to sign a hurriedly typed up agreement that I wouldn’t sue. As I signed the document, I remember thinking that I didn’t believe it could possibly be enforceable, given my head injury moments before. But my ability, or inability, to think through contracts and torts in the wake of my injury required high level thinking and analysis. It wasn’t something straightforward. After getting his bell rung, Army Ranger Specialist Byrne claimed the hit was so severe, he couldn’t appreciate or understand that beating someone to death was wrong. I relied on information from the Army Times, News Tribune, King 5, Kiro 7, Law and Crime, the probable cause affidavit, Twin Cities Bin News, Daily Mail, Atlanta Black Star, Go Army, History Net, KEPR TV, Disabled American Veterans, and the Washington penal code. ----- This episode involved discussion of sexual assault. There are a number of resources available for survivors and victim of sexual assault, including the Rape, Abuse & Incest National Network (RAINN). They offer a free, confidential national sexual assault hotline at 800-656-HOPE as well as an online chat option. ------ Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you listen to podcasts. I'm happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming! Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense. I am not a military JAG and have never been a military JAG. While I'm a practicing attorney, I don't do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.
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    25 mins
  • 043 United States v. The Port Chicago 50
    Aug 6 2024

    Growing up in the Golden State means a certain familiarity with warm summers and fire risks. We worry about lightning strikes, gender reveal parties that involve any kind of explosives, and lost hikers who, for some unknown reason, light a flare instead of using their working cell phone to summon assistance. The California I grew up in is this way because of an awareness of a challenging climate, drought conditions, and, frankly, hindsight. But for all that awareness, I was surprised to discover the tale of a large, dangerous explosion with civil rights implications that I had never heard of. A case of mass trials, mass incarceration, and segregation. As the dust and ash settled over the remains of Port Chicago and hundreds of dead sailors, the criminal case was just beginning.

    I relied on information from ABC News, Navy historians (1)(2)(3)(4), Mercury News, Uniform Reference, the US Naval Institute, the National WWII Museum, the Navy Press Office, and Wikipedia.

    Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you listen to podcasts. I'm happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!

    Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense. I am not a military JAG and have never been a military JAG. While I'm a practicing attorney, I don't do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.

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    28 mins
  • 042 United States v. Wilkerson
    Jul 23 2024

    Any time I’ve walked into a barracks building, I’m immediately transported back to freshman year at the college dorms. There’s a lot of growing up that happens in both spaces for a similarly aged group. It can be a really joyful and festive atmosphere, and I often think of how simple and easy it was to just leave the deadbolt out on your door so you friends could come and go while you got ready to attend an event together. No transit time, no concerns about someone riding solo in a sketchy cab. Your friends were there and always accessible. But for Shannon Wilkerson, life in the barracks made everyone a little too available. He could flit from a party in one room to his wife’s room down the hall, then over to an affair partner’s room next door. In the fall of 2001, his easy access to people in the barracks proved fatal.

    I referenced the Eleventh Circuit appellate opinion.

    I relied on information from the New York Times (1)(2), the Department of Justice (1)(2), Naval Institute of Military Justice, Andalusia Star News, CBS News, KBTX, Kentucky New Era, Military Times, Task and Purpose, WKMS, Times News, Clarksville Online, and Arkansas Leader.

    This episode discussed the most severe form of intimate partner violence. For more information on intimate partner violence, I urge you to explore Alliance For Hope and their Family Justice Center Alliance. If you need help finding shelter in your area, please visit DomesticShelters.org. Last, but not least, many law schools and courthouses offer free legal assistance for people seeking protective restraining orders.

    Although I didn't reference it in the episode, I'll take these show notes as an opportunity to remind you, Legal Beagles, that homicide is the leading cause of death for pregnant and postpartum people.

    Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you listen to podcasts. I'm happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!

    Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense. I am not a military JAG and have never been a military JAG. While I'm a practicing attorney, I don't do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.

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    25 mins
  • 041 Florida v. Williams
    Jul 9 2024
    Petty Officer Williams woke to the sound of her alarm in the morning of November 6th. Williams, the mother to a five-year-old, should have woken to the soft noises of her child stirring in the next room. Perhaps she would have normally tripped over errant clothing even a dreaded Lego piece as she began to don her uniform and prepare for work. Instead of a debate over breakfast choices, Williams stepped into her boots and adjusted her cover in silence. She prepared like it was any other day, then staged a phone call to the police to report her child missing. The appellate opinion was not, objectively, helpful. Nevertheless, it can be found here. I relied on information from Jacksonville.com (1)(2), People, Yahoo, News 4 Jax (1)(2), Law and Crime, the Florida Courts website, TikTok, First Coast News (1)(2)(3)(4). Though it isn't directly relevant to this case, I'm also linking to the portion of the California Constitution that requires appellate opinions to include their reasoning. This episode involves discussion of two difficult topics: child abuse and neglect, and suicide. If you suspect child abuse, please call the Childhelp National Child Abuse Hotline at 1-800-4-A-CHILD (1-800-422-4453) or go to www.childhelp.org. All calls are toll free and confidential. The hotline is available 24/7 in more than 170 languages. Separately, if you are experience thoughts of self-harm, I urgent you to contact the Suicide and Crisis Lifeline by dialing 988. Help is also available via chat on their website. Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you listen to podcasts. I'm happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming! Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense. I am not a military JAG and have never been a military JAG. While I'm a practicing attorney, I don't do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.
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    23 mins
  • 040 United States v. Abdullah
    Jun 25 2024

    A move to a new duty station is a bit of a fresh start - that's my preferred framework for thinking about the move. Afterall, it can smart a bit to think about the family and friends we had to say goodbye to, so focusing on the "opportunity" of it all is a little easier. This approach only works when it's not your nuclear family you're saying goodbye to. When Sergeant Abdullah's wife decided she couldn't or wouldn't move to Colorado, he fell into a very obvious spiral.

    I relied on the ACCA appellate opinion.

    I referenced additional information from Stripes, Mountain Jackpot, NBC, Army MOS descriptions, and Colorado DUI laws.

    This episode discussed substance and problematic alcohol use. If you, or someone you know is struggling with alcohol or substance misuse, the SAMHSA National Helpline can be reached at 1-800-662-HELP and their treatment locator is available online.

    Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you listen to podcasts. I'm happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!

    Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense. I am not a military JAG and have never been a military JAG. While I'm a practicing attorney, I don't do direct criminal defense. This podcast is a passion project, not legal advice or expert opini

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    20 mins
  • 039 United States v. Maebane
    Jun 11 2024

    When we hear information repeated to us, we’re hardwired to begin to believe it. The positive effect we feel when we hear the information or story repeated is called the illusory truth effect. We have a pretty good example of the illusory truth effect in my family - I remember the story of why we adopted two cats very differently than everyone else. I am stuck on believing that we went to the animal shelter to meet a big white fluffy dog to potentially make our own. The rest of my family maintains the plan was always to adopt a cat. They tell me that perhaps I did meet a big white fluffy dog that day, but that we weren’t there to meet him. I know the numbers are against me, but I’ve repeated to myself, for more than 20 years now, that we went to meet a dog. I’ve rationalized it, too - most of us are allergic to cats and I can tell myself over and over that we wouldn’t go to meet a cat that most of us were allergic to. But the more I tell myself that story, the deeper it imprints into my memory. A false memory, by all other accounts.

    Following the death of Michael DeLeon, Hospital Corpsman Second Class Maebane very nearly benefited from a much darker example of the illusory truth effect.

    I relied on the NMCCA appellate opinion.

    If you're delving into the opinion, this pseudonym legend may serve you well:

    MD: Michael DeLeon (victim) - Hospitalman Corpsman Third Class Petty Officer Delta
    RD: Ryan Dini - Hospital Corpsman First Class Petty Officer Davis
    MW: Mason Williams - Hospital Corpsman Second Class Petty Officer Wilson
    SW: Sterling Wold - Hospital Corpsman Third Class Petty Officer Whiskey
    JH: Jesse Humes - Hospital Corpsman Second Class Petty Officer Hotel

    I referenced additional information from 10 News, the website DeLeon's family maintains, Stripes, and a Daily Journal article about the residual hearsay exception.

    This witnesses to DeLeon's death initially maintained that DeLeon died by suicide. While this was a cover story, the topic of suicide comes up and I'd like to remind you that if you are experience thoughts of self-harm, the Suicide and Crisis Lifeline is available free-of-cost by dialing 988. Help is also available via chat on their website.

    Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you listen to podcasts. I'm happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!

    Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense. I am not a military JAG and have never been a military JAG. While I'm a practicing attorney, I don't do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.

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    26 mins
  • 038 United States v. Brinkman-Coronel
    May 28 2024

    A half hour up the road from resort-lined beaches is an Army base nestled in the interior of Oahu. Though the on-base housing might not be beach front, they’ve got ready access to everything the island has to offer. Maybe living in paradise was too much pressure, but a series of decisions First Lieutenant Brinkman-Coronel may have made while wasted in Waikiki prompted the Army to prepare to administratively separate him over substance use and ended with him serving a nine year stint in the Brig.

    I relied on the ACCA appellate briefing and opinion.

    I referenced additional information about Operate Keiki Shield from the week of Brinkman-Coronel's arrest.

    This episode discussed substance use. If you, or someone you know is struggling with substance use, the SAMHSA National Helpline can be reached at 1-800-662-HELP and their treatment locator is available online.


    This episode also contains a discussion of attempted suicide. If you are experience thoughts of self-harm, I urge you to contact the Suicide and Crisis Lifeline by dialing 988. Help is also available via chat on their website.

    Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you listen to podcasts. I'm happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!

    Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense. I am not a military JAG and have never been a military JAG. While I'm a practicing attorney, I don't do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.

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    25 mins