David F. Jacobs, Fifth Amendment in the Digital World, 43 THE REPORTER 2 (2017). This should be read considering the recent Air Force Article 62, UCMJ, appeal in United States v. Blatney, Misc. Dkt. No. 2016-16 (A.F. Ct. Crim. App. 22 May 2017) (unpub.). In Blatney the OSI gained consent…
In United States v. Hills, 75 M.J. 350 (C.A.A.F. 2016), the Court of Appeals for the Armed Forces decided that– [B]ecause the evidence of the charged sexual misconduct was already admissible in order to prove the offenses at issue, the application of Military Rule of Evidence (M.R.E.) 413 — a rule…
The ongoing discussion about removing the line officer convening authority from making court-martial decisions is not new, nor are the criticisms of how a military justice process should work. Check out– Fred L. Borch, Military Justice in Turmoil: The Ansell-Crowder Controversy of 1917-1920. ARMY LAWYER, Feb. 2017.
Military Times is reporting–House lawmakers Wednesday overwhelmingly passed new rules making the secret recording or unauthorized sharing of nude photos a crime under military law, in response to the Marine Corps United scandal earlier this year. Rep. Martha McSally (R-Ariz.) this week will introduce legislation meant to fight nonconsensual sharing…
The Army Court of Criminal Appeals has decided the case of United States v. Heath, adverse to the appellant. The question to be resolved “is whether SPC XX’s testimony was admissible as a prior consistent statement.” The case has a fairly sparse discussion but worth reading because of its resolution…
The state of Maryland is no longer pursuing sexual assault charges against two teenagers who were accused of dragging a 14-year-old girl into the bathroom of Rockville High School and raping her. The accused students, 18-year-old Henry Sanchez Milian and 17-year-old Jose Montano, are reportedly immigrants who entered the U.S.…
Last year we took up the appeal of an Army sergeant. After reading the record of trial, I went to meet with the client at the JRCF, Fort Leavenworth, KS to hear from him. (I make every effort to visit an appellant client in person.) We investigated and interviewed witnesses…
48,000. That is the approximate number of collateral consequences – specific legal restrictions, generalized discriminated and the overall social stigma – returning citizens face. These collateral consequences can adversely impact access to housing, employment, occupational licensing, education, public benefits and voting. Last month NACDL partnered with Prison Fellowship to celebrate…
A gasp went up recently about the likely recall of a retired general officer for court-martial prosecution. (It’s my understanding that he’s not actually been recalled, merely that the SecArmy has determined to exercise jurisdiction. He’ll be brought on “active duty” close to trial.) See, e.g., Oriana Pawlyk, Retired General…
A prosecutor’s understanding of their duty. In exercising their awesome power a prosecutor should “Remember what it means to get it wrong. A criminal goes free. An innocent person is wrongfully punished. The community is less safe. The system has failed in its mission.” So says a former prosecutor with…