The answer is possibly, but it requires some very specific analysis using the Reynolds test. The Air Force Court of Criminal Appeals has decided United States v. Hyppolite, II, where this issue arose. In this case, the prosecution sought to use evidence of different allegations of a sexual offense to show…
On occasion, a military judge will make a clemency recommendation. In United States v. Coleman, the military judge did just that. “that the convening authority or any other authority has the authority to dismiss Specification 2 of Charge V, I recommend that such authority dismiss Specification 2 of Charge V.” The defense…
Some years ago the AFCCA decided several cases in which it “held” that the CAAF erred in applicable decisions and effectively “overrule” the CAAF. CAAF, of course, told the AFCCA that they cannot overrule the CAAF and should follow CAAF’s decision. Now it seems the Army Court of Criminal Appeals may…
Bethesda, Maryland based law firm is seeking a full-time attorney to join our appellate litigation team in representing individual clients claiming benefits from a federal agency. Responsibilities include federal appellate case management; research of applicable laws, regulations, and legal precedent; the preparation of briefs for submission to federal court; and…
Appellant personally raises three matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982),one of which warrants discussion and relief. My colleagues and I often discuss the value of Grostefon. My personal theory is to be robust in asserting Grostefon errors on behalf of the client. This is based on…
11 October 2018. Orders Granting Petition for Review No. 18-0339/AF. U.S. v. Scott A. Meakin. CCA 38968. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue: WHETHER APPELLANT’S CONVICTION FOR…
After a lengthy but successful appeal, I get this message from a client. As of this morning I am officially off the Sex Offender registration list (which is great cause I need a job). My family and I just wanted to again send you both a big thank you for…
Frederic Bloom, Character Flaws. 89 U. COLORADO L. REV. 1101 (2018). Character evidence doctrine is infected by error. It is riddled with a set of pervasive mistakes and misconceptions—a group of gaffes and glitches involving Rule 404(b)’s “other purposes” (like intent, absence of accident, and plan) that might be called “character flaws.” This Essay…
In a legal earthquake for the military justice system, the Court Martial Appeal Court of Canada (CMAC) has split 2-1 to strike down s. 130(1)(a) of the National Defence Act (NDA) because the majority held that the provision — which deems Criminal Code offences committed in Canada by military members to be “service offences”…
A retired judge in Iowa recently defended himself in a hearing of a contested order by saying, “I didn’t write this thing.” A review of Judge Edward Jacobson’s rulings found that he had failed to notify the parties in 13 cases where he had signed proposed rulings written by lawyers (presumably the…