Posted on September 1, 2018 by Hall on his excellent blog. The court finds that “the good faith exception to the exclusionary rule does not apply here. Contrary to the government’s assertion, this case directly fits the Supreme Court’s admonition in Leon that ‘[s]uppression … remains an appropriate remedy if the magistrate or judge in…
Continue reading ›I confess to confusion about the post-trial actions of a convening authority. When I first began trials in 1980 the right to clemency was robust and generally, the CA could do just about anything. I’m seeing more recent cases with an issue about what can and can’t be done by the CA. Congress significantly changed…
Continue reading ›While doing some research on Wegner’s Ironic Process Theory, I came across this case–Volkmer v. United States, 13 F.2d 594 (6th Cir. 1926). The other ground presents a more serious question. It is based on the concluding argument of the assistant district attorney, during which the following occurred: “Assistant District Attorney: A skunk is always…
Continue reading ›USNI news reports https://news.usni.org/2018/08/09/navy-to-retire-poor-performing-senior-commanders-and-captains Read NAVADMIN 193/18 NOTICE OF CONVENING FY-19 ACTIVE-DUTY NAVY COMMANDER AND CAPTAIN SELECTIVE EARLY RETIREMENT BOARDS Readers will be aware of the attention given to senior Navy officers who are getting in trouble for misconduct or poor performance. The collision cases may also be a factor behind the following initiative. With…
Continue reading ›In Forrester, our superior court clarified that the unit of prosecution for possessing child pornography is tied to the material containing illicit images, and “not the quantity or variety of visual depictions.” Forrester, 76 M.J. at 481. In Mobley, we held when multiple illicit images or videos are possessed on a single computer, the computer…
Continue reading ›Self-assessment. As a supervisor of counsel, I would ask them to come to me after trial and discuss what they think the three best and worst things they did. I was intent on mentoring them to reinforce the good and see if, any truly bad issues could be resolved in the future. Like you, I…
Continue reading ›Here we go. Carissa Byrne Hessick and F. Andrew Hessick, Procedural Rights at Sentencing. Notre Dame Law Review, Vol. 90, 2014 Forthcoming, University of Utah College of Law Research Paper, No. 80 In determining which constitutional procedural rights apply at sentencing, courts have distinguished between mandatory and discretionary sentencing systems. For mandatory systems ― systems…
Continue reading ›The “unit’ of possession for a CP prosecution is the container–a computer, a cellphone, or a plug-in drive, each is a separate unit. Everything in the one unit must be charged as only one specification. The Army Court of Criminal Appeals decided United States v. Mobley on 22 June 2018. This was a guilty plea…
Continue reading ›https://www.court-martial-ucmj.com/files/2018/06/BS11-AFDTL-Shipment-Leakage-Study.pdf https://www.court-martial-ucmj.com/files/2018/06/BS12-Notification-Urinalysis-Cases.pdf https://www.court-martial-ucmj.com/files/2018/06/BS13-NDSL-Shipment-Leakage-Study.pdf
Continue reading ›The Supreme Court decided Ortiz v. United States, an appeal from CAAF, today. Bottom line, This Court has jurisdiction to review the CAAF’s decisions. The judicial character and constitutional pedigree of the court-martial system enable this Court, in exercising appellate jurisdiction, to review the decisions of the court sitting at its apex. The Court engages…
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