Articles Posted in New Cases

CAAF has issued an opinion in United States v. Smead, __ M.J. ___ (C.A.A.F. 2009).  Chief Judge Effron wrote the opinion for Judges Baker and Stuckey, and Judges Ryan and Erdmann concurred in the judgment.

United States v. Wiechmann, __ M.J. ___, No. 09-0082/MC (C.A.A.F. July 6, 2009) has been decided.  There was error, but found to be constitutionally harmless. After a captain with very little defense experience was detailed to represent a retirement-eligible lieutenant colonel, the Chief Defense Counsel of the Marine Corps detailed…

United States v. Contreras, ACM 37233 (A.F. Ct. Crim. App. 28 May 2009). Contreras is charged with violating Article 130, UCMJ, as well as some other serious charges.  Regrettably this is one of a never ending series of sex cases stemming from alcohol.  Here is the issue on the 130.…

NMCCA today issued an important published opinion setting aside a finding of guilty to distribution of child pornography under 18 U.S.C. § 2252A(a)(2). United States v. Craig, __ M.J. ___, No. NMCCA 200800716 (N-M. Ct. Crim. App. May 28, 2009). CAAFLog, 28 May 2009. AFCCA today issued a fascinating published…

United States v. Crabtree, No. 08-4411, 2009 U.S. App. LEXIS 10720(4th Cir. May 19, 2009). In a published opinion the Fourth Circuit sides with the majority of federal circuit courts of appeal that there is no government “clean hands” exception to the receipt into evidence of unlawfully taped telephone calls.…

CAAF has decided United States v. Collier, __ M.J. ___ (C.A.A.F. 2009). This case presents the question whether the military judge erred in granting the government’s motion in limine prohibiting Appellant’s defense counsel from cross-examining HM2 C, the main Government witness, about an alleged homosexual romantic relationship between her and…

CAAF has issued their opinion in United States v. Delarosa, __ M.J. ___ (C.A.A.F. 2009). In this case the appellant was initially prosecuted in state court.  As a result of a granted suppression motion the state prosecution was dismissed.  It appears the state court judge found the civilian police did…

In United States v. Gladue, __ M.J. ___ (C.A.A.F. 2009), has underscored the importance of understanding the terms of a PTA and the effect on appellate was well as trial issues. In Gladue the accused, as is common, agreed to waive any waivable motions.  The MJ discussed with appellant a…

The LA Times on line is reporting that the NMCCA, sitting en banc, has: The Marine Corps appealed the panel’s ruling to the full nine-member court. But the court Tuesday night rejected the appeal without command. The Marine Corps can continue its appeals or attempt to reinstate charges against Chessani…

CAAF issued an opinion today in United States v. Von Bergen, The granted issue was: WHETHER THE MILITARY JUDGE ERRED WHEN HE HELD APPELLANT’S WAIVER OF HIS ARTICLE 32 RIGHTS FOR HIS 20 SEPTEMBER 2001 COURT-MARTIAL APPLIED TO HIS 23 OCTOBER 2006 REHEARING. BLUF: We hold that the military judge…