The Army Court of Criminal Appeals will hear oral argument on Wednesday, August 3, 2016, at 10 a.m., in United States v. Ahern, No. 20130822. The court will consider the arguments of counsel on the following two issues. I. [WHETHER] IT WAS PLAIN ERROR WHEN THE MILITARY JUDGE ALLOWED TRIAL COUNSEL TO ARGUE THAT APPELLANT…
In today’s CAAF Journal we see: No. 16-0615/AF. U.S. v. Zavian M.T. Addison. CCA S32287. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue:…
If you are being prosecuted in the Air Force. If your military defense counsel is not raising this issue. WHETHER THE AFCCA ERRED WHEN IT FAILED TO GRANT RELIEF WHERE THE MILITARY JUDGE INSTRUCTED THE MEMBERS, “IF BASED ON YOUR CONSIDERATION OF THE EVIDENCE, YOU ARE FIRMLY CONVINCED THAT THE…
Brett M. Kavanaugh, The Judge as Umpire: Ten Principles, 65 Cath. U. L. Rev. 683 (2016). First, and most obviously, a good judge, like a good umpire, cannot act as a partisan. Fifth, at the same time, to be a good judge and a good umpire you have to possess…
Very broad. Or, that’s how I interpret a 2-1 Order in H.V v. Kitchen and Randolph (RPI), MISC D. No. 001-06 (C.G. Ct. Crim. App. 8 July 2016). At trial, the defense sought mental health records of the complaining witness. After litigation on the issue, the military judge ruled that M.R.E. 513…
There is an excellent post at Volokh Conspiracy. Here’s the problem in a nutshell: So much at trial can turn on the testimony of a police officer. For a criminal defendant, life and liberty may depend on the ability to impeach the officer’s testimony. The federal constitution, as interpreted by…
Is it an indecent exposure offense under UCMJ art. 120, to show someone a digital picture of your own genitals? In a published opinion in United States v. Williams, __ M.J. __, No. 20140401 (A. Ct. Crim. App. Mar. 30, 3016), the Army Court of Criminal Appeals split 2-1 in deciding…
Do you have enough to read, well here’s more. In sum, the Miranda decision has, at best, had little or no impact on the risks of false confession and wrongful conviction. At worst, the influence of police on Miranda procedures and subsequent litigation has actually made things worse for defendants.…
I am an unabashed advocate of DoD finding a way to have all military courts in a module in PACER, or that DoD develop something similar. But, until that happens, military appellate court websites are a necessary tool for a military justice practitioner (TC/DC, SJA, MJ). So I do have a…
Two items in the new Army Lawyer. Working with Civilian Counsel: A Military Practitioner’s Roadmap By Major Michael G. Botelho.pdf The Right to See: A Due Process Analysis of Access to Information in Army Adverse Administrative Proceedings By Major John T. Soron.pdf