14 September 2020, the court issued a published opinion in United States v. Livak, it’s a Moreno case analyzed with the new rules in mind. Appellant claims that his due process rights were violated when his case was not docketed with this court within 30 days of the convening authority’s…
Articles Posted in Post-trial actions
Article 69(d) in the toolbox
United States v. Roberts, ACCA, May 2020. Click to access sd-roberts,%20dl.pdf Occasionally a TJAG will refer a subjurisdictional sentence case to the CCA, which is what happened here. ACCA looked a two issues: sufficiency of the evidence and post-trial delay. Note, under Article 69(d), UCMJ, the CCA can only review…
Don Rehkopf as a reminder to defense counsel
Here is something from good friend Don Rehkopf as a reminder to defense counsel. 1) For anyone representing a client with Art. 120, offenses that will trigger a Dismissal or DD upon conviction; or 2) Anyone representing a client where there may be a chance of being sentenced to a Dismissal or…
Collateral consequences
Collateral Consequences of Criminal Conviction and Restoration of Rights: News, Commentary, and Tools I am a fan of this website as a resource to find ways to argue on behalf of a client, just as I am a fan of restorative justice. The CCRC is pleased to announce the launch…
A decision from the 10th that might be applicable to military parolees
There are two ways a military prisoner gets out: serve to their minimum release date or get parole. Either way, the person is going to be placed into a strict form of post-release conditions. For those who get to their MRD they will go into the Mandatory Supervised Release Program. MSR…