Here is the petition for a writ of certiorari to the United States Supreme Court in: Schloff v. United States. The CAAF opinion is here. The ACCA opinion is here. Interestingly, we have also learned that the government is now processing the case for an SJAR and CA action.
NBC reports that SGT B. Bergdahl is the subject of the second Season, and the first pod is available today. http://www.nbcnews.com/storyline/bowe-bergdahl-released/serial-season-2-debuts-bowe-bergdahl-telling-desertion-story-n477596 The popular podcast “Serial” launched its second season Thursday, shining a spotlight on the mysterious disappearance of U.S. Army Sgt. Bowe Berghdahl — and allowing him to be heard…
It’s called a pen or keys on a computer keyboard–use one or two, or three, or . . . . Senators demand transparency in US military justice system These words are great. They should be acted upon. Senators ACT. Can you perhaps put something in the next NDAA or get…
Stars & Stripes reports: If I were Petraeus’s lawyer or your lawyer and got a similar result I’d be ecstatic, as would you be. But the other part of me asks what I should tell you the young enlisted client, the NCO, the junior officer, the senior officer, in a similar…
Although we question the prosecutorial judgment in charging adultery in conjunction with an instance of sexual assault, we find the evidence is legally and factually sufficient to sustain the conviction in this particular case. Article 66(c), UCMJ, 10 U.S.C. § 866(c). United States v. Dockery, No. 38624, n. 1 (A.F.…
In preparing the petition for Schloff, we looked to the amount of cases coming through the system related to prosecutions under UCMJ art. 120. The Army is “reporting” about 60% of cases for last year were sexual assault/120 cases. We have not been able to gain similar “information” from the…
How many times do we see the private search as an issue. The upset spouse searches the computer to find evidence of infidelity, the Sailor’s friend or roommate comes across contraband CP on a computer and looks further, etc., etc., etc. A responsible law enforcer would take the information to…
The Washington Post has an article by Orin Kerr on a report in the New York Times about a bill introduced in Congress to change or clarify the “mens rea” required in federal criminal statutes. I probably should not comment on where the proposal may have come from. It is proposed…
On 30 November 2015, the Supreme Court heard oral argument in Musacchio v. United States, a case of potential interest to military justice practitioners. There are two questions presented. (1) Whether the law-of-the-case doctrine requires the sufficiency of the evidence in a criminal case to be measured against the elements…
The petition for a writ of certiorari has been filed in Sullivan v. United States, CGCMG 0285 (C.G. Ct. Crim. App. 25 September 2014)(unpub.), 74 M.J. 448 (C.A.A.F. 2014).