Articles Posted in dubay

NMCCA unpublished op. on “immunity”
Philip D. Cave

United States v. Sagona, sentenced at court-martial on 8 May 2008, appeal decided 30 September 2010. The issue was IAC of trial defense counsel who allegedly failed to investigate and advise on a potential defense of immunity. R.C.M. 704 covers the issues of immunity, tempered by case law. Basically only the GCMCA can grant immunity,…

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Judicial testimony – not
Philip D. Cave

United States v. Matthews is an interesting new Army decision. In this case the appellate courts ordered a DuBay hearing. During that hearing the prior military judge testified as to his rationale for various decisions at trial. Using that testimony, the Army Court of Criminal Appeals applied the harmless beyond reasonable doubt standard to findings…

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NMCCA has 6 new decisions – 1 reversed for IAC
Philip D. Cave

NMCCA has issued six new decisions, of which four are merits. United States v. Maharrey, post-trial delay case. United States v. Thornton. Appellant raises ineffective assistance of counsel (IAC) and sufficiency of the evidence. The findings and sentence are set-aside based on the IAC. The IAC relates to several issues: failure to properly advise on…

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