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 situation. I fear you will not be so lucky. I’m not talking about the adultery here–that’s subject to the rule of de minimis non curat lex in my mind. But the mishandling of classified material for personal use?
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 was a summary disposition with a remand to consider the case in light of United States v. Guitierrez.
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.
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 reads as follows:
I have updated events of today:
Bergdahl.
ACCA denies Hearst, et., al. petition for extraordinary writ.
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. Rev. 1367 (2015).
In United States v. Starovoytov, the accused plead guilty.
[T]of 5 charges and 18 specifications involving sodomy with children between the ages of 12 and 16, aggravated sexual abuse of children, abusive sexual contact of a child, indecent liberties with children, possessing and producing child pornography, and providing alcohol to persons under the age of 21, in violation of Articles 120, 125, and 134, UCMJ, 10 U.S.C. §§ 920, 925, 934.
He was sentenced to
Even in Canada prosecutors play Discovery Games.
Court-Martial Trial Practice Blog