The DoD Joint Service Committee on Military Justice has some new “publications” on its website. But more importantly, there are a number of proposed changes not yet on their site (but which are available on CAAFLog). A draft Executive Order indicating an effective date for the MJA of January 1,…
The military does not have Alford pleas. In an Alford Plea, the criminal defendant does not admit the act but admits that the prosecution could likely prove the charge. The court will pronounce the defendant guilty. The defendant may plead guilty yet not admit all the facts that comprise the…
By order of the Chief Judge, the United States Court of Appeals for the Armed Forces will be closed all day on Monday, July 3, 2017. For purposes of computation of time and motions to enlarge time under the Court’s Rules of Practice and Procedure, July 3, 2017, will be…
In 2002, Lester Packingham became a convicted sex offender at the age of 21, after he pleaded guilty to taking indecent liberties with a child – having sex with a 13-year-old girl. Packingham got into hot water with the law again in 2010, when he posted on Facebook to thank…
I have discussed before how very difficult it is for an appellant to get a federal court to review and overturn a court-martial conviction. Here is Randolph v. United States, a federal circuit case reviewing an attempt to get relief via the Court of Federal Claims. The United States Department…
The CAAF daily journal for 15 June 2017 has this entry: No. 17-0003/AR. U.S. v. Christopher B. Hukill. CCA 20140939. On consideration of Appellee’s petition for reconsideration of this Court’s decision, United States v. Hukill, 76 M.J. 219 (C.A.A.F. 2017), it is ordered that said petition for reconsideration be, and…
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…
Reposting. https://globalmjreform.blogspot.com/2017/06/and-now-for-something-completely.html
Black sailors more likely than white sailors to be referred to court-martial, report says Brock Vergakis, The Virginian-Pilot, 7 June 2017. The VP summarizes: Black sailors were 40 percent more likely than white sailors to be referred to a court-martial over a two-year period examined by an advocacy group that…
LtCol CT called the possibility that defense counsel might be asking potential witnesses about evidence governed by MIL. R. EVID. 412 and 513 “gross and cruel.” All this caused Capt X (the defense counsel) to audibly sob at counsel table, and she was unable to continue. Unfortunately, it appears that…