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Some CCA opinions of note
United States v. Davis gives a quick reminder of Pierce credit issues.
AFCCA upholds the conviction of a male airman for indecent exposure in the male showers. See United States v. Walker.
AFCCA has decided an interesting case of de facto immunity. See United States v. Long. Apparently the accused was facing civilian charges. Based on a conversation between his ADC and the chief of justice the appellant plead nolo contendre in his civilian case. Rather than the expected administrative discharge action the Air Force court-martialed him. At trial Appellant did not assert and litigate the alleged de facto immunity. On appeal he claimed that the CoJ’s statement that if he took the civilian court plea the USAF intended to admin him was a grant of immunity – NOT said AFCCA. On this I have to agree. I don’t think it’s ever reasonable to accept the representations of the TC about case disposition, especially the Air Force. If the SJA had personally “blessed it,” maybe. But even then it depends on the relationship between the SJA and the CA.
In United States v. Aguilar, AFCCA holds that assault consummated by a battery is an LIO of rape.