When [persnonnel] hear nothing but one side of controversial issues for their entire time[], what you have is not true education but Maoist indoctrination in the guise of education. When the academic consensus on any issue with political overtones can be predicted with 100% certainty merely by identifying the Politically Correct position, the consensus no…
Continue reading ›There is a conflict of opinion concerning the authority of this Court to reassess sentences. The language of Article 66(c), UCMJ, its legislative history, and the decision of the Supreme Court in Jackson v. Taylor, 353 U.S. 569, 1 L. Ed. 2d 1045, 77 S. Ct. 1027 (1957), give this Court the responsibility and unfettered…
Continue reading ›Observer Media asks: When will they ever learn? Ninth Circuit Judge Alex Kozinski declared months ago in a much-quoted opinion that there is “an epidemic of Brady violations abroad in the land.” And yet, prosecutors continue to deny there’s a problem. Indeed, the Department of Justice gets outright indignant at the suggestion, and so do…
Continue reading ›United States v. D.W.B.
Continue reading ›Unusual for me, but I did a guilty plea case this week. Going in to the case and throughout the case the client was accused of a lot of offenses, some of which were a course of conduct over a period of time. Not unusual, right, so we had some right and left dates. So,…
Continue reading ›Army Directive 2015-09 (Implementation of Section 1702 of the NDAA for FY14) Article 32 UCMJ Preliminary Hearing Here are Army procedures in which they attempt to regulate “new” Article 32 hearings. I’ll leave it to you to decide if they are: Authorized. Effective for your case.
Continue reading ›Teaching point about SVC’s and how the defense may be able to use them to the benefit of the defense. Not too long ago I had a SVC making oral argument on a MRE 412 motion. During the course of the SVC presentation it occurred to me that she was representing facts AND statements of…
Continue reading ›In August 2012, I noted a decision made by the Canadian court. Canada has ordered the deportation of a female soldier who fled the U.S. military in order to avoid the war in Iraq, officials said Thursday. [Army Times] Now we have this: More U.S. soldiers could be sent back for court martial on desertion…
Continue reading ›In this day and age you’d wonder why all appellate decisions are not “published.” Many of not all are available either to lawyers through a research service or the general public through court websites. So what’s going on; some attention is being paid to the topic of unpublished opinions. For the non-lawyer it is important…
Continue reading ›No. 15-0347/MC. U.S., Appellant v. Christopher A. Quick, Appellee. CCA 20201300341. Notice is hereby given that a certificate for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals was filed under Rule 22 on this date on the following issue: WHETHER PRECEDENT AUTHORIZING COURTS OF CRIMINAL APPEALS TO ORDER SENTENCE-ONLY…
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