We know that the Sixth Amendment right to confront witnesses does not apply at a sentencing hearing (although the Due Process Clause does). Here we have a report of United States v. Carrillo, 2018 U.S. Dist. LEXIS 21731 (E.D. N.Y. Feb. 9, 2018), in which the judge held that the…
When the Congress, the media, and commanders called for a crackdown on military sexual assaults, the fear among the defense bar was the specter of unlawful command influence. Most of the cases have focussed on pretrial and post-trial. But the biggest fear was realized in United States v. Schloff, a…
In United States v. Sager, the accused was convicted of abusive sexual contact because the victim was “otherwise unaware” of the acts. The Navy-Marine Corps Court of Criminal Appeals affirmed the findings and sentence. Appellant petitioned the CAAF. This case is before us for a second time. The Court of…
In general a court-martial accused can waive most rights and privileges in a pretrial agreement. A common term where there are multiple accuseds (drug or sexual assault cases for example) is an agreement to testify truthfully in another court-martial. But, Rule for Courts-Martial (R.C.M.) 705(c)(1) expressly prohibits terms or conditions of…
All current rape and serious sexual assault cases in England and Wales are to be reviewed “as a matter of urgency” to ensure evidence has been disclosed. Director of Public Prosecutions Alison Saunders warned the review could see “a number of cases” dropped. It comes after the collapse of several…
I’m used to having some media interest in my cases or being asked to comment on someone else’s. With that in mind, I try hard to be careful on staying within bounds of what can be said or which can but shouldn’t. The 48th Criminal Law Seminar for VACLE has…
[V]iolations of Brady are the most recurring and pervasive of all constitutional procedural violations, with disastrous consequences: innocent people are wrongfully convicted; the reputation of U.S. prosecutors suffer; and the absence of meaningful legal and ethical enforcement and accountability has a corrosive effect on the public’s perception of a justice system that…
Lagano, Edmundson, and Grant, The Air Force SVC Program, The First Five Years. 44 (3) The Reporter 31 (2017). Welch, Child Pornography, The Internet, and MRE 414. 44(2) The Reporter 19 (2017).
The Air Force Court of Criminal Appeals (AFCCA) has issued an interesting en banc (5-3) opinion in United States v. Hamilton, 76 M.J. ___ (A. F. Ct. Crim. App. 2017), about victim impact evidence or statements. The accused pleaded guilty to the possession and distribution of child pornography. On sentencing,…
There was a time when the military allowed people to learn from their mistakes. There were times that people were allowed to get away with “murder” under that philosophy. So times changed, largely as a result of the “zero tolerance” of drug abuse. So, more and more we have, it…