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My title is from the title of a piece in Mother Jones. Federal agencies don’t have a uniform definition of sexual assault, and that has led to dramatically different estimates on the frequency of sexual violence in the United States, according to a new report from the Government Accountability Office. Currently, four federal agencies—the Department…

http://www.innocenceproject.org/ginny-lefever-answers-questions-ptsd/

Not Your Momma’s 32: Explaining the Impetus for Change Behind Key Provisions of the Article 32 Preliminary Hearing By Lieutenant Colonel John Loran Kiel Jr.pdf

In today’s CAAF Journal we see: No. 16-0615/AF. U.S. v. Zavian M.T. Addison. CCA S32287. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue: WHETHER APPELLANT IS ENTITLED TO…

If you are being prosecuted in the Air Force. If your military defense counsel is not raising this issue. WHETHER THE AFCCA ERRED WHEN IT FAILED TO GRANT RELIEF WHERE THE MILITARY JUDGE INSTRUCTED THE MEMBERS, “IF BASED ON YOUR CONSIDERATION OF THE EVIDENCE, YOU ARE FIRMLY CONVINCED THAT THE ACCUSED IS GUILTY OF ANY…

I am an unabashed advocate of DoD finding a way to have all military courts in a module in PACER, or that DoD develop something similar. But, until that happens, military appellate court websites are a necessary tool for a military justice practitioner (TC/DC, SJA, MJ). So I do have a sense of frustration when…

Two items in the new Army Lawyer. Working with Civilian Counsel: A Military Practitioner’s Roadmap  By Major Michael G. Botelho.pdf The Right to See: A Due Process Analysis of Access to Information in Army Adverse Administrative Proceedings By Major John T. Soron.pdf

After a lengthy down time, CAAF and AFCCA are back on line.

The military does not have mandatory minimum confinement sentences (and I hope we never have them). But this federal case is certainly interesting. US v. Collins, No. 15-3236 (6th Cir. June 29, 2016) (available here).

It’s just sad that the public, and more importantly practitioners before the court have to rely on handouts from colleagues to get news out there about events in the CAAF. Here’s another. In United States v. Commisso, CAAF has granted on the following issue. WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION IN DENYING THE DEFENSE’S…