United States v. Dreyer. A decision from the Ninth. On issues arising from the Posse Comitatus Act (PCA), the en banc court affirmed the district court’s denial of a suppression motion, and remanded to the three-judge panel for consideration of remaining issues, in a case in which the defendant was convicted of one count…
Today, 5 November 2015, the Court of Appeals for the Armed Forces granted our petition in United States v. Pinkela, reversed the findings for aggravated assault and reckless endangerment, and affirmed a lesser included offense of assault and battery. United States v. Pinkela, ACCA — I. U.S.C.A.A.F. — I. This…
http://globalmjreform.blogspot.com/2015/11/in-good-to-see-category.html
The government filed its answer in Bergdahl v. Burke at CAAF today. You may note on page 1,before getting to the merits. It misidentifies the parties/ Mislabels the name of the pleading (Rule 19(e) calls for an “answer” not a “response”). Misaddresses the document to the judges of the wrong court,…
Click to access Bergdahl-NBC-News-Amicus-Brief.pdf See more of the litigation at https://www.court-martial.com/bergdahl-appellate-litigation.html
The Joint Service Committee on Military Justice has proposed new rules for courts-martial, including rules of evidence. The proposal is open for public comment. There is much to think about, some good, some possibly bad, and as I note below, some odd. (d) A new R.C.M. 305(i)(2)(A)(v) is inserted and…
I have updated events of today: Bergdahl. ACCA denies Hearst, et., al. petition for extraordinary writ. NIMJ files amicus in Bergdahl v. Burke at CAAF. Center for Constitutional Rights files amicus in Bergdahl v. Burke at CAAF.
Here are two items of potential interest to military justice practitioners from Volume 68 VANDERBILT L. REV. Todd Haugh, Overcriminalization’s New Harm Paradigm, 68 Vand. L. Rev. 1191 (2015). Joshua D. Foote, Hung Up on Words: A Conduct-Based Solution to the Problem of Conspiracy in Military Commissions, 68 Vand. L.…
Here is another case where a military prisoner has sought habeas corpus relief, in the Kansas District Court (the Tenth Circuit). Valois v. Commandant, USDB The case provides a fascinating discussion of the maze and complexities of DoD and Service regulations the award of good time credit, work abatement, and…
Bergdahl v. Burke. More information here.