The recent Air Force Court of Criminal Appeals case illustrates why defense counsel, and staff judge advocates, should exercise care with victim impact statements submitted post trial. In United States v. Goss, the court reminds us that: Article 60, UCMJ, was amended to include a new subsection “(d)” that authorized…
Check the warrant, or in the military the search authorization. The recent decision of the Army Court of Criminal Appeals in a government appeal tells you why it’s important to check the warrant. In United States v. Gurzynski, the court had before it a government appeal of a military judge’s…
My title is from the title of a piece in Mother Jones. Federal agencies don’t have a uniform definition of sexual assault, and that has led to dramatically different estimates on the frequency of sexual violence in the United States, according to a new report from the Government Accountability Office. Currently,…
Ginny Lefever Answers Your Questions About PTSD and Wrongful Conviction
Not Your Momma’s 32: Explaining the Impetus for Change Behind Key Provisions of the Article 32 Preliminary Hearing By Lieutenant Colonel John Loran Kiel Jr.pdf
The NMCCA has issued two significant opinions this week, one of which is worth the read while the United States prosecution of Bowe Bergdahl continues. United States v. Solis, __ M.J. ___ (N-M Ct. Crim. App. 2016). The case presents discussion of continuing issues relating to the nature of the…
The Army Court of Criminal Appeals will hear oral argument on Wednesday, August 3, 2016, at 10 a.m., in United States v. Ahern, No. 20130822. The court will consider the arguments of counsel on the following two issues. I. [WHETHER] IT WAS PLAIN ERROR WHEN THE MILITARY JUDGE ALLOWED TRIAL COUNSEL TO ARGUE THAT APPELLANT…
In today’s CAAF Journal we see: No. 16-0615/AF. U.S. v. Zavian M.T. Addison. CCA S32287. 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:…
If you are being prosecuted in the Air Force. If your military defense counsel is not raising this issue. WHETHER THE AFCCA ERRED WHEN IT FAILED TO GRANT RELIEF WHERE THE MILITARY JUDGE INSTRUCTED THE MEMBERS, “IF BASED ON YOUR CONSIDERATION OF THE EVIDENCE, YOU ARE FIRMLY CONVINCED THAT THE…
Brett M. Kavanaugh, The Judge as Umpire: Ten Principles, 65 Cath. U. L. Rev. 683 (2016). First, and most obviously, a good judge, like a good umpire, cannot act as a partisan. Fifth, at the same time, to be a good judge and a good umpire you have to possess…