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What happens after trial. Here is another case of mine that found itself in federal court–United States v. Mingo. When the Feds tell you to register and follow the rules they mean it. In January 2005, Mingo enlisted in the United States Army. See Sealed Complaint at 2, United States v. Mingo, No. 16 Cr.…

NMCCA has an unpublished opinion in United States v. Allen. “We have written often to urge convening authorities and their staff judge advocates [SJAs] to pay scrupulous attention to detail throughout the post trial process. This case compels us to reiterate that urging yet again.” [1] Unfortunately, this is not a new problem in the…

What happened after—trial, CCA review, and in the case below at CAAF. From time to time I find it interesting to follow habeas cases involving a military petitioner. So, here is Santucci v. Commandant, No. 19-3116-JWL (D.C. Kan. May 26, 2020). The ACCA decision. The CAAF decision without opinion, is at 2017 CAAF LEXIS 522…

Colonel Rice was arrested for possession and distribution of CP. He was convicted in federal court and at court-martial. That is why we have a CAAF decision in United States v. Rice, __ M.J. ___ (C.A.A.F. May 21, 2020). I think part of the takeaway here is that the Government can’t charge under Clause (1)…

You all know that a client gets an automatic appeal to the Court of Criminal Appeals when the sentence is for more than one year and/or a punitive discharge. You all know that a case with a subjurisdictional sentence gets a legal review and can be petitioned to TJAG under Art. 69(b). Also, you should…

John E. Reid & Associates agree that more is needed than a simple “I did it.” The reported interrogations of some of these suspects involved physical coercion, duress and outright torture. While the Supreme Court has consistently prohibited such interrogation practices, evidently the trial courts rejected the defendant’s claim that their confession was false. Traditionally,…

http://www.reid.com/educational_info/r_tips.html?serial=2019041603&print=%5Bprint%5D Some questions to determine if a statement is voluntary.

From Prof. Miller. Thursday, April 30, 2020 Thompson & Casarez on Blind Testing and Forensic Sciences By CrimProf BlogEditor Sandra Guerra Thompson and Nicole B. Casarez (University of Houston Law Center and University of St. Thomas) have posted Solving Daubert’s Dilemma for the Forensic Sciences Through Blind Testing (57 Houston Law Review 617 (2020)) on…

United States v. Martin, ACCA April 2020. On appeal, Appellant argued that six separate convictions of Art. 107 were UMC under the circumstances, but Appellant’s UMC claim never gets off the ground. Appellant contends that because the “criminality behind” his Article 107 convictions was not the statements themselves, but rather the fact that appellant made…

United States v. Taylor, NMCCA 30 April 2020 is a government appeal of a judge’s ruling to suppress evidence. [T]he military judge granted a Defense motion to suppress evidence resulting from the searches of 12 of Appellee’s electronic devices. We are asked to decide whether we have jurisdiction over this appeal and, if so, whether…