No. 19-0051/AR. U.S. v. Korey B. Kangich. CCA 20170170. On consideration of the granted issue, 78 M.J. 304 (C.A.A.F. 2019), the judgment of the United States Army Court of Criminal Appeals, United States v. Kangich, No. 20170170 (A. Ct. Crim. App. Sep 27, 2018) (unpublished), and the opinion of this Court in United States v. McDonald, __ M.J. __ (C.A.A.F. Apr. 17, 2019), we conclude…
On September 3, 2014, the Secretary of Defense issued a memorandum providing guidance to the Military Department Boards for Correction of Military/Naval Records (BCM/NR) as they carefully consider each and every petition brought regarding under other than honorable conditions discharge upgrade requests by veterans claiming Post Traumatic Stress Disorder (PTSD).…
Prof. Doug Berman of Sentencing Law & Policy brings this tidbit about SOR in Alaska. [T]he Alaska Supreme Court in Doe v. Alaska Department of Public Safety, No. 7375 (Alaska June 14, 2019) decided that part of its state’s Sexual Offender Registration Act violates due process. Here is how the…
An accused in pretrial confinement awaiting trial receives day for day credit toward any sentence to confinement. In the old days, we referred to that as “Allen credit.” Note, an accused may not automatically get credit for time spent in civilian jail–that needs to be litigated at trial. See United…
Friend and colleague draws attention to McGee v. McFadden, a petition for a writ of certiorari to the U. S. Supreme Court. Issues: (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from…
A “study” in the effects of confirmation bias, victim-centered investigations, or flawed investigations followed by a flawed judicial process? N. P. Kirillova and E. N. Lisanyuk, Truth and Legal Argument in Fydor Dostoevsky’s The Karamazov Brothers. 48 Bulletin of Tomsk State Univ., 193-204 (2019). There were several reasons of the…
The very foundation of what we do depends on trust, and trust depends on the treatment of all Soldiers with dignity and respect by fellow Soldiers and leaders. Without this, our profession is placed in jeopardy, our readiness suffers, and our mission success is at risk. The sentiment conveyed above is enduring; it…
The Army TJAGSA Criminal Law Deskbook is now online. The cover notes that the DB “reflects changes” to the MJA effective 1 January 2019. The .pdf file is bookmarked. Interestingly, Part B of the Introduction has a justification for a separate military justice system. They say there is a need…
The harmful effects of law enforcement tunnel vision do not end with wrongful convictions. Tunnel vision also undermines community trust in the police and damages an already fraught relationship. In a sexual assault case, real victims are actually harmed when false allegations are buttressed by so-called “victim-centric” investigations. When false…
Like it or not, consistent or not consistent with long-held notions of justice, a military member accused of a sexual assault is presumed guilty. Sure command and others will say you are going to get a fair hearing and trial, but that’s not reality. Over 100 Law Professors, Others Call…