In United States v. Mercier, __ M.J. __, No. 20160318 (C.G. Ct. Crim. App. Mar. 18, 2016) the court denied a Government interlocutory appeal of a military judge’s ruling that found that a specification was improperly referred and dismissed the specification without prejudice. This would seem to be a perfect opportunity to take up, again,…
Continue reading ›It should go without saying that a court-martial is a most serious matter, and the requirement for proof beyond a reasonable doubt plays a vital role in the legitimacy of the military justice system. A “society that values the good name and freedom of every individual should not condemn a man for commission of a…
Continue reading ›CAAF’s Daily Journal for 25 March 2016 has this entry. No. 16-0413/AR. In re Christopher E. Strunk, Christopher B. Garvey, and Harold W. Van Allen, Petitioners. Notice is hereby given that a petition under 28 USC §1651 for writ of mandamus and injunction equity relief in the matter of the New York Republican Party POTUS…
Continue reading ›Courtesy of Prof. Colin Miller and his excellent evidence blog, here are some thoughts for the day on prosecutor error. Keep this in mind when the prosecution want’s to admit documents or reports. 6th Circuit Case w/Brady Violation Based on Nondisclosure of Cover Sheet About Unreliability of Evidence In the recent reopened PCR proceedings, Adnan…
Continue reading ›http://lawprofessors.typepad.com/files/nacdl-comments-draft-6-mpc-sexual-assault-and-related-offenses-docx-1.pdf http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2753718
Continue reading ›Can the actions of military prosecutors raise the specter of Unlawful Command Influence? Maybe. That conclusion can at least can be gleaned from the case of United States v. Garcia, decided in 2015 by the Army Court of Criminal Appeals. (United States v. Garcia, No. 20130660, 2015 CCA LEXIS 335 (A. Ct. Crim. App. August…
Continue reading ›The Sex Offender program is under revision. The old sentencing requirements were 45 months to include abatement time (earned time/good conduct time/transportation time and consideration for treatment starting every quarter). The new Sex Offender Treatment Program (SOTP) requires at least 31 months sentencing to be considered for the program. We do not advocate increasing or…
Continue reading ›United States v. Plant was a difficult appeal, for a lot of reasons. Ultimately we were able to get some relief at the Court of Appeals for the Armed Forces. The court set-aside a conviction of child endangerment and ordered a sentence reassessment. Faced with the issue back in the Air Force Court of Criminal…
Continue reading ›“If we prioritize conviction rates rather than having just verdicts, and if we vote that way in elections, this problem [of unfair, biased criminal prosecutions] will just continue.” by Todd VanDerWerff on January 11, 2016, Netflix’s Making a Murderer: the directors explain what many have missed about the series. Vox.com, January 11, 2016. Prosecutorial bias…
Continue reading ›Barracks, Dormitories, and Capitol Hill: Finding Justice in the Divergent Politics of Military and College Sexual Assault 3. By Major Rudderless: 15 Years and Still Little Direction on the Boundaries of Military Rule of Evidence 513 4. By Major Open-Ended Pharmaceutical Alibi: The Army’s Quest to Limit the Duration of Controlled Substances for Soldiers 5.…
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