Court-Martial Trial Practice Blog
The CGCCA has issued a 2-1 opinion in United States v. Lucas, and it is likely a case to watch with CAAF.
The CGCCA has been the most vigilant of the services in protecting an accused’s post-trial rights, so the decision in this case seems odd. There is no evidence that any of the proper procedures were followed in this case except for allowing the defense counsel to review the ROT.
Also, there is no clemency materials submitted by either the defense counsel or accused. Did the defense counsel contact the appellant? Did the appellant have anything to submit?
Maybe this is a form over substance case. The case was submitted on its merits and so perhaps the appellate counsel contacted the players and found that there would be no prejudice. But the dissenting opinion outlines the issues nicely and it doesn’t look good. So I’m curious to see what CAAF does, if anything.