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).
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 such, applicable to clients confined at the USDB.
More information here.
I’m a believer in Restorative Justice. In America The Vengeful this is an approach much derided and ignored. In my view that means the exacters of “justice” don’t really care much about the victim. Anyway, there are many facets to the concept one of them is repairing what has been done wrong. For the victim this may well include receiving a genuine apology. The problem in criminal cases is when to make the apology. I have developed several ways to do this without the apology becoming evidence. Here is an interesting article about the timing of the apology (and it’s consistent with part of my approach).
Michael C. Jones, Can I Say I’m Sorry? Examining the Potential of an Apology Privilege in Criminal Law. Comprehensive Law – Fall 2012 Phoenix School of Law.
Court-Martial Trial Practice Blog
