Court-Martial Trial Practice

CAAF remanded three more cases in light of Blazier and Sweeney. Interestingly the CAAF had this “addition.” 1 Nothing in this order is intended to limit the scope of the Court of Criminal Appeals’ review on remand, including, but not limited to, consideration of the issue raised in Judge Stucky’s separate opinion. STUCKY, Judge (concurring…

SCOTUSBlog notes the following criminal law cases to be argued at the Supreme Court on 4 October Howes v. Fields, “Custody” under Miranda. Issue: Whether this Court’s clearly established precedent under 28 U.S.C. § 2254 holds that a prisoner is always “in custody” for purposes of Miranda any time that prisoner is isolated from the…

Well, is the 9th Circuit due for another pounding for their allegedly errant ways? Courtesy of SCOTUSBlog here are two opportunities. Title: Cavazos v. Smith Docket: 10-1115 Issue(s): Did the Ninth Circuit exceed its authority under 28 U.S.C. § 2254(d) by granting relief for insufficient evidence based on its acceptance of the cause-of-death testimony of…

Every now and again I post a post-service case relating to a court-martial. Here is Pacheco v. Commandant USDB. Note this case is in the ‘notorious,’ to military prisoners, 10th Circuit. There are no military appellate decisions to link to: ACCA gave its standard merits denial and CAAF denied. This matter comes before the court…

Army Times reports that: Pvt. 1st Class Andrew Holmes, of Boise, Idaho, changed his plea to guilty in a deal with Army prosecutors [er, with the CA]. Holmes confessed in court that he fired a heavy machine gun at an unarmed Afghani man from 15 feet away. He was sentenced to 15 years confinement, but…

Rather than navigate to the list, here are the vacate and remands referenced by Dwight “My Liege” Sullivan on CAAFLog the other day. No. 10-0265/AF. U.S. v. Douglas E. LONG. CCA 37044. No. 11-0227/NA. U.S. v. Ros L. DAVIS. CCA 201000302. No. 11-0293/CG. U.S. v. Kenya BERNARD. CCA 0262. No. 11-0303/MC. U.S. v. Thomas R.…

CAAF announces its “Passing the Gavel” ceremony to be held 1300, 27 September 2011, at EStreet. Chief Judge Efron will pass the gavel to Chief Judge Baker.

I have posted already about NMCCA’s apparent handling of Fosler cases that are currently before them for decision – here, here, here, and here. It appears that CAAF is now starting to deal with the trailers they have on their docket, by sending some of them back. Dwight “My Liege” Sullivan notes on CAAFLog, the…

On 21 September 2011, a new Army Directive went into distribution on a Self Reporting requirement. The Army Directive – Self-Reporting by Officers and Senior Enlisted Members of Criminal Convictions is effective immediately. Coverage appears to be limited to convictions after 1 March 2008. For those convicted after 1 March 2008 and before the date…

United States v. Scaringello, passes Fosler muster (ahem) on a GP to breaking restriction. Familiar rationale which basically says that no military member can fail to understand that a breaking restriction allegation relates to GoD.