Well, is the 9th Circuit due for another pounding for their allegedly errant ways? Courtesy of SCOTUSBlog here are two opportunities. Title: Cavazos v. Smith Docket: 10-1115 Issue(s): Did the Ninth Circuit exceed its authority under 28 U.S.C. § 2254(d) by granting relief for insufficient evidence based on its acceptance…
Every now and again I post a post-service case relating to a court-martial. Here is Pacheco v. Commandant USDB. Note this case is in the ‘notorious,’ to military prisoners, 10th Circuit. There are no military appellate decisions to link to: ACCA gave its standard merits denial and CAAF denied. This…
Army Times reports that: Pvt. 1st Class Andrew Holmes, of Boise, Idaho, changed his plea to guilty in a deal with Army prosecutors [er, with the CA]. Holmes confessed in court that he fired a heavy machine gun at an unarmed Afghani man from 15 feet away. He was sentenced…
Rather than navigate to the list, here are the vacate and remands referenced by Dwight “My Liege” Sullivan on CAAFLog the other day. No. 10-0265/AF. U.S. v. Douglas E. LONG. CCA 37044. No. 11-0227/NA. U.S. v. Ros L. DAVIS. CCA 201000302. No. 11-0293/CG. U.S. v. Kenya BERNARD. CCA 0262. No.…
CAAF announces its “Passing the Gavel” ceremony to be held 1300, 27 September 2011, at EStreet. Chief Judge Efron will pass the gavel to Chief Judge Baker.
I have posted already about NMCCA’s apparent handling of Fosler cases that are currently before them for decision – here, here, here, and here. It appears that CAAF is now starting to deal with the trailers they have on their docket, by sending some of them back. Dwight “My Liege”…
On 21 September 2011, a new Army Directive went into distribution on a Self Reporting requirement. The Army Directive – Self-Reporting by Officers and Senior Enlisted Members of Criminal Convictions is effective immediately. Coverage appears to be limited to convictions after 1 March 2008. For those convicted after 1 March…
United States v. Scaringello, passes Fosler muster (ahem) on a GP to breaking restriction. Familiar rationale which basically says that no military member can fail to understand that a breaking restriction allegation relates to GoD.
I mentioned a report the other delay that United States v. Bailey has been delayed to a time uncertain. Here the blog truthdigit as a interesting story about the case from the perspective of the victims family. Relatives say that trying to answer the question of what, exactly, happened to…
NMCCA has decided United States v. Walton. In that case they dismissed an adultery and indecent language conviction based on Fosler, without discussion of the issue. I sort of assume they feel comfortable that Lansford, Gibson (which I posted here) and Leubecker (which I posted here) sufficiently explain NMCCA’s thinking…