Decision on appeal
Here is another case your military defense counsel at court-matial under the UCMJ needs to know about and read.
United States v. Causey, __ M.J. ___ (N-M Ct. Crim. App. Mar. 23, 2022). [https://www.jag.navy.mil/courts/documents/archive/2022/CAUSEY_202000228_PUB-Concur.pdf]
A panel of officer and enlisted members convicted Appellant of attempted sexual abuse by communicating indecent language to “Mackenzie (a fake name),” whom he believed to be a child who had not attained the age of 16 years; attempted sexual abuse by intentionally exposing his genitalia to her; and attempted wrongful receipt of CP by requesting that “Mackenzie” send him digital images of her exposed genitalia and other sexually explicit conduct. and sentenced him to one year confinement and a dishonorable discharge.
The Appellant raised five issues on appeal.
Here the Navy-Marine Corps Court of Criminal Appeals lays out some useful guidelines on how better to justify getting experts to help in your case. Like the Army Court of Criminal Appeals, the NMCCA has uniformed lawyers who sit in panels of three to hear appeals from Navy and Marine Corps appellants. An appeal can follow with the Court of Appeals for the Armed Forces (CAAF).
I am seeing Prosecutors frequently make improper argument or fly the edge in their zeal to get a conviction. Your military defense lawyer ought to be aware of some of the common improper arguments so they can object. One of the usual problems is that the defense doesn't object to improper argument and the appellate court finds the issues is waived.
(5) The members should have been required to have a unanimous vote of guilt.
The court reviewing the alleged errors ultimately concluded that most were not errors and the few that were did not prejudice the Appellant. So the findings and sentence were affirmed.