Articles Posted in Collateral Consequences

The CGCCA has decided United States v. Molena. Before this Court, Appellant has assigned the following four errors: I. Appellant was denied effective counsel when his attorney erroneously informed him that he would not need to register as a sex offender. II. The bad-conduct discharge is an inappropriately severe sentence. III. Defense counsel’s failure to…

Here is a link to the Bond Amendment. The amendment replaced what was known as the Smith Amendment. There were good and bad changes. Good was the change to “served” rather than “sentenced” to more than one year; bad is that all agencies and all types of clearance are covered. Now, just because the client…

It’s been a while since this issue has come up, and it does come up every now and again in military cases – DoD has approximately 50,000 foreign nationals on active duty. Some more fallout from the U.S. Supreme Court’s decision in Medellin v. Texas fell today from the California Supreme Court. The case is…

The CAAF daily journal for today is not updated, but knowing where he sits, we take CAAFLog’s observation that the AF TJAG has certified the following issues as accurate. I. Whether the Air Force Court of Criminal Appeals erred in denying the United States’ request that the court order an affidavit from Appellee’s original military…

Here is another resource via the Office of Defender Services, Legal, Policy & Training Division, Administrative Office of the Courts, Washington, DC. Immigration consequences of conviction.

Just when you were starting to worry that there wouldn’t be work — along comes DoD with a new policy about officer and senior enlisted civilian misconduct. The policy requires that officers and senior enlisted inform their command about civilian convictions. The policy directs that the Services issue (punitive) regulations and a reporting system. More…

United States v. Hayes, __ U.S. ___ , No. 07–608, decided 24 February 2009. The Supreme Court has resolved a issue relating to qualifying convictions for firearm possession prohibitions post-conviction. The federal Gun Control Act of 1968, 18 U. S. C. §921 et seq., has long prohibited possession of a firearm by any person convicted…

The Supreme Court will soon hear oral argument in United States v. Denedo. There has been plenty of discussion on this case. See CAAFLog. The underlying issue for trial defense counsel relates to claims of IAC in regard to immigration status advice upon conviction. The issue at the Supreme Court is an important one regarding…

Internal Exile: Collateral Consequences of Conviction in Federal Laws and Regulations, A Collaboration of the American Bar Association Commission on Effective Criminal Sanctions and the Public Defender Service for the District of Columbia, January 2009. The Introduction says: This study collects and describes the collateral consequences of a criminal conviction that arise under federal statutes…

What happens if any enlisted person is reduced at court-martial, or an officer who faces a grade-determination consideration, for conduct as far back as late 2000, and later retires? 10 U. S. Code 1407 sets it out for us. (f) Exception for Enlisted Members Reduced in Grade and Officers Who Do Not Serve Satisfactorily in…