Articles Posted in Uncategorized

A British article worth reading because it has application here. Akorede Omotayo, The Right to Silence – or the presumption of Guilt

The right to silence is thought by many Judges and academics to be a constitutional right; which preserves Viscount Sankey’s presumption of innocence in Woolmington . For this reason, the legislative changes to a defendant’s right to silence, brought about by sections 34-38 of the Criminal Justice and Public Order Act 1984, represented one of the most controversial reforms of English criminal law in the last century.

Prior to the CJPOA, no evidential significance could be attached to an accused’s exercise of the right to silent, save when the accused and the victim were on even terms.  However, the provisions in the CJPOA, particularly ss 34-35 have sought to alter this principle to the extent that the question that this article grapples with, is whether the right to silence, despite the changes, is still useful in protecting an accused’s supposed ‘constitutional right’ of innocence, until proven guilty.

United States v. Scott., ordering a Dubay hearing. I could not find a subsequent opinion on the ACCA website, which could mean the Dubay hearing produced nothing noteworthy and the court proceeded to affirm the findings and sentence.

CAAF has granted the following issue:

No. 19-0365/AR. U.S. v. Jason A. Scott. CCA 20170242. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is granted on the following issue:

On Wednesday the CAAF granted:

No. 19-0411/AR. U.S. v. Norman L. Clark, Sr. CCA 20170023. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is granted on the following issues:

I. DID THE MILITARY JUDGE ERR IN APPLYING R.C.M. 914?

I have argued in a number of cases that the Service RPR provides greater obligations on TC beyond Brady-plus that requires more timely and broader obligations.

http://www.abajournal.com/web/article/split-over-prosecutors-ethical-disclosure-duties-intensifies#When:13:30:00Z

No. 19-0376/MC. U.S. v. R. Bronson Watkins. CCA 201700246. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said petition is granted on the following issues:

1. A CONFLICT OF INTEREST EXISTS WHERE THE INTERESTS OF AN ATTORNEY AND DEFENDANT DIVERGE ON A MATERIAL FACTUAL OR LEGAL ISSUE, OR A COURSE OF ACTION. THREATS BY REGIONAL TRIAL COUNSEL AND A REGIONAL TRIAL INVESTIGATOR TOWARDS CIVILIAN DEFENSE COUNSEL CREATED A CONFLICT OF INTEREST BETWEEN CIVILIAN COUNSEL AND APPELLANT. DID THE MILITARY JUDGE ERR IN DENYING CIVILIAN COUNSEL’S MOTION TO WITHDRAW?
2. THE SIXTH AMENDMENT GUARANTEES AN ACCUSED THE RIGHT TO RETAIN COUNSEL OF HIS OWN CHOOSING. BEFORE TRIAL, AND AFTER HIS CIVILIAN COUNSEL MOVED TO WITHDRAW—CITING A PERCEIVED CONFLICT OF INTEREST—APPELLANT ASKED TO RELEASE HIS CIVILIAN COUNSEL AND HIRE A DIFFERENT COUNSEL. DID THE MILITARY JUDGE ERR BY DENYING THIS REQUEST?

https://jsc.defense.gov/Portals/99/Documents/Article%20146a%20Reports%20-%20FY18%20-%20All%20Services.pdf?ver=2019-09-19-163824-157

22 September is the anniversary of Nathan Hale being executed for spying against the British forces.

In New York City on September 22, 1776, Nathan Hale, a Connecticut schoolteacher and captain in the Continental Army, is executed by the British for spying.

A graduate of Yale University, Hale joined a Connecticut regiment in 1775 and served in the successful siege of British-occupied Boston. On September 10, 1776, he volunteered to cross behind British lines on Long Island to spy on the British in preparation for the Battle of Harlem Heights.

https://constitution.congress.gov/

The Center for Military Readiness has this “report.”

Air Force Gen. John Hyten, nominated to become Vice Chairman of the Joint Chiefs of Staff, has become the face of injustice done to military personnel who encounter unproved allegations of sexual assault.  Accusations that cannot be substantiated are unjust and often career-ending, but they are not unusual.  Annual Pentagon reports indicate that they happen all the time.

According to figures published in annual reports of the Pentagon’s Sexual Assault Prevention & Response Office (SAPRO) since FY 2009, almost one-in-four completed cases involving sexual assault have been deemed “unsubstantiated” due to “insufficient evidence” or “allegations unfounded.”