All current rape and serious sexual assault cases in England and Wales are to be reviewed “as a matter of urgency” to ensure evidence has been disclosed. Director of Public Prosecutions Alison Saunders warned the review could see “a number of cases” dropped. It comes after the collapse of several…
I’m used to having some media interest in my cases or being asked to comment on someone else’s. With that in mind, I try hard to be careful on staying within bounds of what can be said or which can but shouldn’t. The 48th Criminal Law Seminar for VACLE has…
[V]iolations of Brady are the most recurring and pervasive of all constitutional procedural violations, with disastrous consequences: innocent people are wrongfully convicted; the reputation of U.S. prosecutors suffer; and the absence of meaningful legal and ethical enforcement and accountability has a corrosive effect on the public’s perception of a justice system that…
Lagano, Edmundson, and Grant, The Air Force SVC Program, The First Five Years. 44 (3) The Reporter 31 (2017). Welch, Child Pornography, The Internet, and MRE 414. 44(2) The Reporter 19 (2017).
The Air Force Court of Criminal Appeals (AFCCA) has issued an interesting en banc (5-3) opinion in United States v. Hamilton, 76 M.J. ___ (A. F. Ct. Crim. App. 2017), about victim impact evidence or statements. The accused pleaded guilty to the possession and distribution of child pornography. On sentencing,…
There was a time when the military allowed people to learn from their mistakes. There were times that people were allowed to get away with “murder” under that philosophy. So times changed, largely as a result of the “zero tolerance” of drug abuse. So, more and more we have, it…
United States v. Hennis. Appellant’s case is before this Court for mandatory review under Article 67(a)(1), Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 867(a)(1) (2012). Appellant has filed a consolidated motion requesting, in relevant part, appointment of appellate defense team members pursuant to the Army’s capital litigation regulation, as well as funding for learned…
Why Military Courts Won’t Prevent The Next Texas Church Shooting, in Stars & Stripes, repeated in Task & Purpose. Former airman Devin P. Kelley had choked his wife and put a gun to her head. He’d fractured her baby’s skull. He’d made threats to his commanders and he’d been committed to a mental hospital.…
Today, SCOTUSBlog tells about some grants and denials. One may be of interest to military justice practitioners. they denied review in an Alabama death-penalty case, over a lengthy dissent by Justice Sonia Sotomayor that was joined by Justices Ruth Bader Ginsburg and Elena Kagan. . . . That order drew a sharp 14-page…
It is always good to file or submit petitions and pleadings on time. Sometimes the due date can be complicated. Let’s say your due date falls on a Sunday? A federal holiday? Or??? Here is a thought from friend and colleague Dew Process. CAAF, in its decision in United States v.…