I’m a proponent of restitution in cases where it may lead to a reduction in confinement or suspension of a punitive discharge. I’m a proponent in cases even where there has been no ‘unjust enrichment.’ The CGCCA in United States v. Scott addresses restitution in the context of when restitution should be made and what…
Continue reading ›NMCCA has issued an opinion in United States v. Saracoglu. NMCCA specified the issue. The related to the MJ’s denial of a UCI motion based on: Captain (Capt) Hillary, Headquarters and Service (H&S) Company Commander for Weapons Field Training Battalion, held a Friday morning formation. The formation included two platoons of enlisted Marines, including the…
Continue reading ›Here is an interesting CAAF grant on an Article 120 issue. The most interesting issue is Issue III. Wednesday, August 10, 2011 ORDERS GRANTING PETITION FOR REVIEW No. 11-0440/MC. U.S. v. Nicholas S. STEWART. CCA 201000021. Review granted on the following issues: I. UNDER UNITED STATES v. PRATHER, IS IT LEGALLY POSSIBLE FOR THE PROSECUTION…
Continue reading ›CAAF has decided United States v. Fosler, and potentially the “trailer park,” alluded to by CAAFLog. The actual application to the other cases may not be so simple. In a contested case in which Appellant challenged the charge and specification at trial, the inclusion of “Article 134” in the charge does not imply the terminal…
Continue reading ›My colleague at futurelawyer.com posted this today. While we don’t get such arcane testimony in a court-martial, there are certainly times when an expert witness’s testimony, or for that matter any witness forgets to speak in plain understandable words. Just a reminder.
Continue reading ›AFCCA has an order in United States v. Boore, a government appeal. The issue is severability of portions of Article 120. AFCCA holds that the military judge may sever the unconstitutional parts of Article 120, and instruct accordingly. Applying the severance doctrine to the case at hand, we have no difficulty determining the constitutional infirmity…
Continue reading ›New York Times Sunday Review.
Continue reading ›You may remember that CAAF dealt with MSRP in a number of cases. See e.g. United States v. Pena, 64 M.J. 259 (C.A.A.F. 2007)(not cruel and unusual punishment; not an increase in punishment based on the facts; failure to explain this collateral consequence doesn’t make plea improvident). We do not take lightly the impact of…
Continue reading ›I remember studying Miranda and a couple of other significant constitutional law cases in school. We also learned that the case decision didn’t necessarily help the individual. It wasn’t Miranda, but another one got stabbed to death in jail after his case was decided, Escebedo, I think. So, Professor Friedman alerts us to an irony…
Continue reading ›Petty Officer Savala was discharged from the naval service 28 July 2011.
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