To qoute CAAFLog: Here's a link to NMCCA's unpublished opinion in Chessani, which it released today. Bottom line up front: the Government's appeal is denied.
Articles Posted in New Cases
Air Force cases
AFCCA has put up a number of cases on their website, here are just a few. United States v. Taylor, ACM 37065 (March 12, 2009). A case worth reading where the MJ allowed speculative testimony about date rape drug use. Affirmed. United States v. Russell, ACM 37210 (March 12, 2009). …
New CAAF cases.
Two new CAAF cases have been put up on the website. United States v. Stephens, __ M.J. ___ (C.A.A.F. Mar. 12, 2009). The prosecution called the victims father to talk about the effect the trial had on her. Appellant, citing United States v. Mobley, 31 M.J. 273 (C.M.A. 1990), United…
MJ Recusal
United States v. David, ACM S31478 (A.F. Ct. Crim. App. 10 February 2009), is of interest on the question(s) of when a military judge should recuse him or herself from a case. Here the military judge disclosed, in a naked urinalysis-cocaine case, close family member was a drug addict. The…
New research tool.
The Army Court of Criminal Appeals has now started loading cases to populate the "Summary Disposition" page. Get there through A.C.C.A. The court has also posted several new cases — more later.
Recent A.F.C.C.A. opinions
Yesterday (090209) A.F.C.C.A. updated its online opinions. There are three worth reading for the trial practitioner. United States v. Curran, ACM 37185 (A.F. Ct. Crim. App. 22 January 2009). This is an interesting issue where the prosecution was allowed to introduce evidence on sentencing about the time and effort involved…