No. 15-0664/AF. U.S. v. Sean J. Chero. CCA 38470. 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 THE MILITARY JUDGE ABUSED HIS…
Court-Martial Trial Practice Blog
New CAAF grant
No. 15-0476/AR. U.S. v. Eric L. Rapert. CCA 20130309. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue: WHETHER THE FINDING OF GUILTY FOR CHARGE…
An interesting confrontation issue
Are you at a base overseas? Do you have foreign national witnesses or foreign language documents as evidence in your case? United States v. Aifang Ye, No. 12-10576 (9th Cir. 2015) may be of interest to you. The court held that the defendant’s argument that the government’s failure to call certain…
Interesting FL case on SOR
Jershun v. State (FL).
DOD IG semiannual report
TheDOD IG Semiannual Report to the Congress has been issued for the reporting period of October 1, 2014, to March 31, 2015 is on line. The report complies with a requirement of the Inspector General Act of 1978, as amended. The report is a summary. DoD IG issued 103 reports,…
Today is leg day
6 June is Leg Day for Navy Appellate Defense. Happy leg day all.
CAAF on jurisdictio
United States v. Nettles decided by CAAF today. We granted review to determine whether the Air Force had personal jurisdiction over Appellant at the time of his courtmartial. We hold that it did not, and that therefore the judgment of the United States Air Force Court of Criminal Appeals (CCA)…
Worth the read
Michael G. Heyman, Professor Emeritus, The John Marshall Law School (Chicago) . Due Process Limits on Accomplice Liability In a prior piece in this journal, I noted some disturbing developments in the law of accomplice liability. By definition, complicity law attaches guilt to the accomplice for the criminal acts of others.…
CAAF’s decision in Woods does not support MJIA
The Real Cost Of Having Commanders In Charge Of Military Justice This article has appeared in Task & Purpose as a result of United States v. Woods, decided by the Court of Appeals for the Armed Forces on 18 June 2015. Incredibly, a senior naval officer was appointed to be the…
An interesting perspective
Protect Our Defenders (POD) has this to say about the recent vote on Sen. Gillibrand’s Military Justice Improvement Act. Last week, 50 U.S. Senators stood with survivors and voted for Senator Gillibrand’s Military Justice Improvement Act (MJIA). For two years in a row, a majority of the Senate has told…