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Here is a link to a few cases of interest that were provided me last week at the 49th VACLE Criminal Law seminar. Virginia is in the Fourth Circuit which, I believe, has a reputation as slightly conservative leaning. United States v. Abdallah, ___ F.3d___ (4th Cir. 18 December 2018). Code…
Appellant challenges the factual sufficiency of his conviction for sexually assaulting MB. We have reviewed the evidence, which includes a video-recording of appellant’s sexual encounter with MB. The video-recording demonstrates that MB repeatedly gave audible consent—or at least what reasonably appears to be audible consent—to sexual intercourse with appellant. Considering this evidence, we…
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…
SECNAVINST 5720.42G, 15 January 2019.
On appeal, Appellant asserts three assignments of error: (1) whether Appellant is entitled to sentence relief due to the conditions of her post-trial confinement; (2) whether Appellant is entitled to relief because the Staff Judge Advocate’s Recommendation (SJAR) failed to address alleged legal errors; and (3) whether the approved sentence…
Advising a client on SOR is difficult. They want specific answers and often you can’t give them more than general advice. There are several points I try to make with clients. Title I of the Adam Walsh Child Protection and Safety Act of 2006, the Sex Offender Registration and Notification Act…
I have always argued for full and early discovery in court-martial cases. How can you defend someone when discovery is delayed or held-back. And how can you make a properly considered judgment on a PTA or not. “The Right to Evidence of Innocence Before Pleading Guilty,” on SSRN. Here is the abstract:…
Christopher B. Mueller, Laird C. Kirkpatrick and Liesa Richter (University of Colorado Law School, George Washington University – Law School and University of Oklahoma – College of Law) have posted two entries from their new book, Evidence §3.13 (6th ed. Wolters Kluwer 2018), on SSRN. The first is §3.13 ‘Presumptions’ in Criminal Cases. Here is the…
Be careful of who you talk to if you are in trouble. I think it’s fair to say that CAAF has narrowed the who and when requirement for an Article 31, UCMJ, warning, as illustrated in a recent Air Force case. Thus, Article 31(b), UCMJ, warnings are required when (1)…