Court-Martial Trial Practice

It should go without saying that a court-martial is a most serious matter, and the requirement for proof beyond a reasonable doubt plays a vital role in the legitimacy of the military justice system. A “society that values the good name and freedom of every individual should not condemn a man for commission of a crime when there is reasonable doubt about his guilt.”  In the military justice system, where servicemembers accused at court-martial are denied some rights provided to other citizens, our unique factfinding authority is a vital safeguard designed to ensure that every conviction is supported by proof beyond a reasonable doubt.  This authority “provide[s] a source of structural integrity to ensure the protection of service members’ rights within a system of military discipline and justice where commanders themselves retain awesome and plenary responsibility.”

United States v. Rivera, No. 38649, 2016 CCA LEXIS 92 (A.F. Ct. Crim. App. Feb. 18, 2016)(unpub.).

CAAF’s Daily Journal for 25 March 2016 has this entry.

No. 16-0413/AR. In re Christopher E. Strunk, Christopher B. Garvey, and Harold W. Van Allen, Petitioners. Notice is hereby given that a petition under 28 USC §1651 for writ of mandamus and injunction equity relief in the matter of the New York Republican Party POTUS Primary on April 19, 2016, and the National General Election on November 8, 2016, was filed under Rule 27(a) on March 18, 2016, and placed on the docket this 24th day of March, 2016.  On consideration thereof, it is ordered that said petition is hereby dismissed for lack of jurisdiction.

Click to access nacdl-comments-draft-6-mpc-sexual-assault-and-related-offenses-docx-1.pdf

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2753718

The Sex Offender program is under revision.  The old sentencing requirements were 45 months to include abatement time (earned time/good conduct time/transportation time and consideration for treatment starting every quarter).

The new Sex Offender Treatment Program (SOTP) requires at least 31 months sentencing to be considered for the program.  We do not advocate increasing or decreasing sentencing based on treatment requirements but in order to be eligible for SOTP the member must be sentenced to at least 31 months at time of arrival.

United States v. Plant was a difficult appeal, for a lot of reasons.  Ultimately we were able to get some relief at the Court of Appeals for the Armed Forces.  The court set-aside a conviction of child endangerment and ordered a sentence reassessment.

Faced with the issue back in the Air Force Court of Criminal Appeals we argued that the case should be returned to the field for a rehearing on the sentence.  However, we argued the alternative remedy of disapproving one year of confinement.  We did that because that was the maximum potential punishment for the child endangerment charge.

Today we received the news that the AFCCA agreed with us on setting aside one year of confinement.  This means Plant will be released 16 months earlier than expected.