With the Trump pardons, the question came up, again, whether accepting a Presidential pardon is an acknowledgment of guilt. For many, Burdick v. United States, 236 U.S. 79 (1925), answered the question in the affirmative. In Burdick, the appellant was offered but declined a pardon. He then refused to testify…
Military prisoners may go on MSRP at their MRD unless going into parole. There are many conditions and some consequences for failure to follow the rules. With that in mind, we may need to pay attention and give some thought to: United States v. Haymond, decided today (26 June 2019)…
Thanks to Prof. Berman at Sentencing Law 7 Policy who directs us to Murray, Brian, Are Collateral Consequences Deserved? (January 29, 2019). Available at SSRN: https://ssrn.com/abstract= I have a standard sex offender registration motion that I use in all cases in which a sex offense is charged and if convicted the client…
In general a court-martial accused can waive most rights and privileges in a pretrial agreement. A common term where there are multiple accuseds (drug or sexual assault cases for example) is an agreement to testify truthfully in another court-martial. But, Rule for Courts-Martial (R.C.M.) 705(c)(1) expressly prohibits terms or conditions of…
As many of you know, when CID/NCIS/OSI/CGIS starts an investigation into you they make a record. The subject line is your name plus other information. This is what is know as being “Titled.” That information is submitted to NCIC as the equivalent of an arrest – even though you were…
The military SVC programs have been ongoing for a little while. So some signs of the good and bad are starting to show. It is too early to tell if the issues are start-up issues or long term fixes, or cavitations or super-cavitations. One aspect to be expected and not…
Thanks to Prof. Berman TG, here is a resource for collateral consequences of a conviction. Unfortunately there are only nine state jurisdictions and federal filled in – a ways to go on a useful project. Another place to look is SentencingProject.org. (Note, it will be necessary to “sherardize.”) , or…
On 20 March 2012, NMCCA decided United States v. Jones; and in doing so they have answered a question that was not unexpected, but took a little while to come. In United States v. Miller, 63 M.J. 452 (C.A.A.F. 2006), CAAF decided prospectively that defense counsel must advise a client…
A reader on Military.com asks this question: Q: I’m 18 years active duty with the US Navy. I was an E-6 from 2000–2009 but got busted for UCMJ violation to E-5. I fall under the High-3 plan for retirement and a lot of my friends are saying that when I…
And here is an Air Force Times report: When Rohan Coombs joined the Marine Corps, he never thought one day he would be locked up in an immigration detention center and facing deportation from the country he had vowed to defend. . . . The estimates are of about 8000…