No. 15-0476/AR. U.S. v. Eric L. Rapert. CCA 20130309. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue: WHETHER THE FINDING OF GUILTY FOR CHARGE I AND ITS SPECIFICATION FOR…
Continue reading ›Jershun v. State (FL).
Continue reading ›TheDOD IG Semiannual Report to the Congress has been issued for the reporting period of October 1, 2014, to March 31, 2015 is on line. The report complies with a requirement of the Inspector General Act of 1978, as amended. The report is a summary. DoD IG issued 103 reports, identifying $101.1 million in questioned…
Continue reading ›6 June is Leg Day for Navy Appellate Defense. Happy leg day all.
Continue reading ›United States v. Nettles decided by CAAF today. We granted review to determine whether the Air Force had personal jurisdiction over Appellant at the time of his courtmartial. We hold that it did not, and that therefore the judgment of the United States Air Force Court of Criminal Appeals (CCA) is vacated, the findings and…
Continue reading ›Michael G. Heyman, Professor Emeritus, The John Marshall Law School (Chicago) . Due Process Limits on Accomplice Liability In a prior piece in this journal, I noted some disturbing developments in the law of accomplice liability. By definition, complicity law attaches guilt to the accomplice for the criminal acts of others. Thus, no matter how…
Continue reading ›Protect Our Defenders (POD) has this to say about the recent vote on Sen. Gillibrand’s Military Justice Improvement Act. Last week, 50 U.S. Senators stood with survivors and voted for Senator Gillibrand’s Military Justice Improvement Act (MJIA). For two years in a row, a majority of the Senate has told the Pentagon to fix the…
Continue reading ›Here is a link to the MCM changes effective 17 June 2015.
Continue reading ›The Georgia Supreme Court extends Padilla In Alexander v. State, decided on May 11, the Georgia Supreme Court agreed that a failure to advise on parole issues from a guilty plea was ineffective assistance under Strickland v. Washington. Military lawyers know there are two specific areas they must ensure adequate advice about to clients: the…
Continue reading ›Listen up: “Every occasion of a proved false allegation has an insidious effect on public confidence, sometimes allowing doubts to creep into when one shouldn’t exist.” Said the judge on sentencing. That’s right, the failure to hold people accountable for false accusations harms true victims. Col Christensen of POD says this doesn’t happen and that…
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