It is routine for military prosecutors to overcharge in courts-martial. They feel the more they can pile on the worse it makes the accused look. So that’s why you might see a charge of murder along with a charge of spitting on the side-walk. One of the areas of frequent abuse is the use of…
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 So what’s going on; some attention is being paid to the topic of unpublished opinions.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…
Continue reading ›Military appellate lawyers know the mantra: This Court has an independent obligation to review each case de novo to ensure the factual and legal sufficiency of the findings. Article 66(c), UCMJ, 10 U.S.C. § 866 (2012); United States v. Turner, 25 M.J. 324 (C.M.A. 1987). In doing so, this Court is empowered to substitute its…
Continue reading ›In today’s military I have to wonder what people may be thinking. Some time ago the Army had a prostitution scandal. Now apparently the Navy. Prostitution is illegal and various acts involving prostitution are illegal under the UCMJ. The Stars & Stripes has this report today. The former command master chief of the USS Germantown…
Continue reading ›The Army JAG Corps has been rocked with some significant sexual assault allegations. One of them involved Major Erik Burris, who until last year was the Chief of Justice (senior prosecutor) at Fort Bragg, NC. He has now been convicted himself of various sexual assault allegations, and has been sentenced to serve 20 years confinement…
Continue reading ›The FBI reports that allegation of rapes (revised definition) declined 10.1 percent, in the first half of 2014.
Continue reading ›No. 14-0660/AR. U.S. v. Michael C. Budka. CCA 20120435. On further consideration of the granted issues (74 M.J. __ (C.A.A.F. Oct. 23, 2014)), and the briefs of the parties, we first conclude that the United States Army Court of Criminal Appeals did not abuse its discretion and did not violate the principle of party presentation,…
Continue reading ›
