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

No. 16-0053/AF. U.S. v. Shelby L. Williams. CCA 38454.  Notice is hereby given that a certificate for review of the decision of the United States Air Force Court of Criminal Appeals was filed under Rule 22 on this date on the following issues:

  1. WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED BY FINDING THAT THE TRIAL DEFENSE COUNSEL SUFFICIENTLY OBJECTED TO THE ADMISSION OF THE EVIDENCE RELATING TO A PREGNANCY AND MISCARRIAGE.
  2. WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED BY FINDING THAT THE MILITARY JUDGE ABUSED HER DISCRETION WHEN SHE ADMITTED TESTIMONY PURSUANT TO MIL. R. EVID. 413, AND ERRED IN FINDING PREJUDICE?

I don’t often look at the Naval Justice School site, less robust than it used to be.  But today I did decide to see if there is a new issue of the Naval Law Review.  Sure enough, there’s an article of interest to military justice practitioners. You’ll have to scroll down to page 67, it’s not hyperlinked.

The notorious CDR (judge)(Art. 32 IO) Monahan has this piece.

A PROPOSAL TO CONFORM MILITARY RULE OF EVIDENCE 305 IN LIGHT OF THE SUPREME COURT’S HOLDINGS IN MARYLAND V. SHATZER AND BERGHUIS V. THOMPKINS

Non-rated period approved for victims of sexual assault

Per a recent change to Air Force Instruction 36-2406, Officer and Enlisted Evaluation Systems, victims of sexual assault are now authorized non-rated periods.   Per paragraph 3.3.10.1.2, Sexual Assault (Unrestricted Report): The Airmen will submit the request, using memorandum format to their unit commander. The initial non-rated period, if the commander approves, is 120 calendar days; additional periods (60-day increments) may be requested for the Airman’s recovery, and will be requested in the same manner. It is prohibited to include comments on any correspondence regarding the member’s filing of an Unrestricted Report of sexual assault, receiving support services, and/or participating in the investigative process and/or judicial proceedings.

David A. Schlueter, American Military Justice: Responding To The Siren Songs For Reform.  73 A.F. LAW REV. 195 (2015).

In Greek mythology, a “siren” was a creature—half bird and half woman— that would lure sailors to destruction with their sweet and enticing songs.  Today, the American military justice system is being subjected to sweet and enticing calls for reform—siren songs.  At first hearing, the well-intentioned proposed reforms appeal to a sense of justice. On closer examination, however, those proposed reforms threaten the essence and functionality of an effective and efficientsystem of criminal justice that is applied in world-wide settings, in both peacetime and in war.

Proposals to change the American military justice system have generally come in waves, following major military actions, which tended to expose those elements or features of the system which had not worked well, or in the minds of the reformers, could be made better.

Friday, April 3, 2015

Certificates for Review Filed

No. 15-0462/MC. U.S. v. Michael A. Arnold. CCA 201200382.  Notice is hereby given that a certificate for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals was filed under Rule 22 on this date, on the following issue:

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