It is always good to file or submit petitions and pleadings on time. Sometimes the due date can be complicated. Let’s say your due date falls on a Sunday? A federal holiday? Or??? Here is a thought from friend and colleague Dew Process. CAAF, in its decision in United States v. Rodriguez, 67 M.J. 110…
Continue reading ›From CAAF Daily Journal of 2 November. No. 17-0507/AR. U.S. v. Orval W. Gould, Jr. CCA 20120727. On further consideration of Appellant’s certificate for review and the briefs of the parties, it is ordered that the first and second certified issues are answered in the negative, and therefore, no answer is provided to the third…
Continue reading ›Andrew McCarthy writes in National Review about the recent NY terror case and President Trump’s off-the-cuff comments. In a well-reasoned piece, he makes the following point. Yet, just as law-enforcement officials must respect the policy judgments of their political superiors, the political authority must respect the need for independent administration of justice in individual cases.…
Continue reading ›The USS Cole case judge Wednesday found the Marine general in charge of war court defense teams guilty of contempt for refusing to follow his orders and sentenced him to 21 days confinement and to pay a $1,000 fine. Air Force Col. Vance Spath also declared “null and void” a decision by Marine Brig. Gen.…
Continue reading ›The Navy actions regarding the collisions of USS FITZGERALD and USS MCCAIN are starting to come more into focus. Here is a summary report from the Navy of some of the investigations. Here is the appointment of a Central Disposition Authority for disciplinary actions related to the collisions. A timeline of the FITZGERALD collision is…
Continue reading ›Other circuits have held that a prisoner may file a petition for a writ of habeas corpus if his sentencing court has been dissolved.” Id. at 1093 (quoting Prost v. Anderson, 636 F.3d578, 588 (10th Cir. 2011) (explaining that, for military prisoners, “the resort to § 2241 is the norm rather than the exception .…
Continue reading ›From Prof. Berman at Sentencing Law & Policy. As reported in this press release, yesterday “Senators Orrin Hatch (R-UT), Mike Lee (R-UT), Ted Cruz (R-TX), David Perdue (R-GA), and Rand Paul (R-KY) introduced legislation to strengthen criminal intent protections in federal law.” Here is more from the press release: Their bill, the Mens Rea Reform…
Continue reading ›I have noticed an increase is improper prosecution arguments over the last five years — connected I think to sexual assault cases mostly. So here is an article of interest. Combating Prosecutor Misconduct in Closing Arguments, Oklahoma Law Review, Vol. 70, No. 3, Forthcoming From the abstract: Prosecutor misconduct in closing argument is rampant. Prosecutors…
Continue reading ›I’ve been told more than once that a person doesn’t make a false allegation of rape because they have been rejected by someone they are romantically interested in. Such denials a batguano crazy. Take this as an example. Following the verdict, Joanne Jakymec, chief Crown prosecutor for Wessex said: “Rebecca Palmer indulged in consensual sexual…
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