Articles Posted in New Cases

CAAF issued an opinion today in United States v. Von Bergen, The granted issue was: WHETHER THE MILITARY JUDGE ERRED WHEN HE HELD APPELLANT’S WAIVER OF HIS ARTICLE 32 RIGHTS FOR HIS 20 SEPTEMBER 2001 COURT-MARTIAL APPLIED TO HIS 23 OCTOBER 2006 REHEARING. BLUF: We hold that the military judge erred in denying Appellant an…

To qoute CAAFLog: Here’s a link to NMCCA’s unpublished opinion in Chessani, which it released today. Bottom line up front: the Government’s appeal is denied.

AFCCA has put up a number of cases on their website, here are just a few. United States v. Taylor, ACM 37065 (March 12, 2009). A case worth reading where the MJ allowed speculative testimony about date rape drug use. Affirmed. United States v. Russell, ACM 37210 (March 12, 2009). Part way through a contested…

Two new CAAF cases have been put up on the website. United States v. Stephens, __ M.J. ___ (C.A.A.F. Mar. 12, 2009). The prosecution called the victims father to talk about the effect the trial had on her. Appellant, citing United States v. Mobley, 31 M.J. 273 (C.M.A. 1990), United States v. Carr, 25 M.J.…

United States v. David, ACM S31478 (A.F. Ct. Crim. App. 10 February 2009), is of interest on the question(s) of when a military judge should recuse him or herself from a case. Here the military judge disclosed, in a naked urinalysis-cocaine case, close family member was a drug addict. The issue was raised as a…

The Army Court of Criminal Appeals has now started loading cases to populate the “Summary Disposition” page. Get there through A.C.C.A. The court has also posted several new cases — more later.

Yesterday (090209) A.F.C.C.A. updated its online opinions. There are three worth reading for the trial practitioner. United States v. Curran, ACM 37185 (A.F. Ct. Crim. App. 22 January 2009). This is an interesting issue where the prosecution was allowed to introduce evidence on sentencing about the time and effort involved to investigate the allegations against…