CAAF’s Daily Journal for 25 March 2016 has this entry. No. 16-0413/AR. In re Christopher E. Strunk, Christopher B. Garvey, and Harold W. Van Allen, Petitioners. Notice is hereby given that a petition under 28 USC §1651 for writ of mandamus and injunction equity relief in the matter of the New York Republican Party POTUS…
Continue reading ›http://lawprofessors.typepad.com/files/nacdl-comments-draft-6-mpc-sexual-assault-and-related-offenses-docx-1.pdf http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2753718
Continue reading ›The Sex Offender program is under revision. The old sentencing requirements were 45 months to include abatement time (earned time/good conduct time/transportation time and consideration for treatment starting every quarter). The new Sex Offender Treatment Program (SOTP) requires at least 31 months sentencing to be considered for the program. We do not advocate increasing or…
Continue reading ›United States v. Plant was a difficult appeal, for a lot of reasons. Ultimately we were able to get some relief at the Court of Appeals for the Armed Forces. The court set-aside a conviction of child endangerment and ordered a sentence reassessment. Faced with the issue back in the Air Force Court of Criminal…
Continue reading ›Barracks, Dormitories, and Capitol Hill: Finding Justice in the Divergent Politics of Military and College Sexual Assault 3. By Major Rudderless: 15 Years and Still Little Direction on the Boundaries of Military Rule of Evidence 513 4. By Major Open-Ended Pharmaceutical Alibi: The Army’s Quest to Limit the Duration of Controlled Substances for Soldiers 5.…
Continue reading ›Out of Focus: Expanding the Definition of Child Pornography in the Military 3. By Major Kenneth Borgnino.pdf The Code Indicted: Why the Time is Right to Implement a Grand Jury Proceeding in the Military 6. By Major John G. Doyle.pdf
Continue reading ›The Army Court of Criminal Appeals has an interesting opinion and reminder about the relationship of improper relationships when there is an allegation of sexual assault. United States v. Delgado, ARMY 20140927 (A. Ct. Crim. App. 6 January 2016). AR 600-20, para. 4-14b. prohibits relationships between soldiers of different ranks if they: (1) Compromise, or…
Continue reading ›Is this agent still investigating? Does this agent have any pending investigations or appearance as a witness in a UCMJ case? A man arrested just before Christmas for allegedly pulling out his gun at a restaurant because he didn’t like the bill is a Special Agent for the U.S. Army’s Criminal Investigation Division. Curtiss Davis…
Continue reading ›We are all familiar with the interactions that can occur between the military and civilian prosecutors when deciding who will prosecute a servicemember for crimes in the “civilian” community. Sometimes the result is a civilian prosecution and the military takes adverse administrative actions, sometimes the civilians hand over the case to the military, and sometimes…
Continue reading ›It appears we are hard-wired to believe stories. So actually requiring us to believe isn’t that hard–except it seems in sexual assault cases. Everyone is aware that the military requires any sexual assault complainant to be believed. A cynic will say, that this is required despite evidence showing falsity in the complaint. A cynic could…
Continue reading ›
