The other day I commented about Grostefon issues. Well, here is another example of Grostefon possibly working for the Appellant. On Thursday CAAF granted review in the Air Force case of United States v. Yanez: No. 14-0411/AF. U.S. v. Joseph W. YANEZ. CCA 38181. Review granted on the following issue: WHETHER THE MILITARY JUDGE ERRED IN…
Safeguarding the Commander’s Authority to Review the Findings of a Court-Martial, Andrew S. Williams, Brigham Young University, June 5, 2013, 28 BYU Journal of Public Law (April 2014, Forthcoming) Abstract: “Do you really think that after a jury has found someone guilty, and dismissed someone from the military for sexual assault, that one…
Most are now familiar with the NMCCA decision in United States v. Howell. In that case, compared to several others, the court found there was UCI affecting the trial and granted the appeal in Howell’s favor. Howell is not out of legal jeopardy, because the court decided: A rehearing may be…
I posted at CAAFLog about a search conducted in the defense counsel offices at Camp Pendleton. Here Marine Corps Times reports some of the fallout, including it looks like one of the photos we put up on CAAFLog. In the wake of a controversial search of Camp Pendleton, California, defense…
I have commented before that an Appellant sometimes gets a grant on a Grostefon issue, and sometimes wins something. Unfortunately for Cerion R. ALLEN, he got a Grosty grant, but the victory was Pyrrhic. No. 14-0519/AR. U.S. v. Cerion R. ALLEN. CCA 20120742. On consideration of the petition for grant of review of the decision…
On a historical note – – – On 20 May 2014, the DOD released a copy of “Final report and recommendations from Defense Department (DoD) Good Order & Discipline Panel, 1997-1998.” Of the many places on the web to find information, governmentattic.org posts its DOD related FOIA releases here.
Do I have a felony is a frequent question to which the answer is – maybe. Of course the questioner is interested in the collateral effect of a special or general court-martial conviction. This becomes particularly important if you continue to commit crimes after release from the brig and the…
Did he go AWOL? In June 2012, Michael Hastings (of GEN McCrystal “fame”) appears to have made that suggestion in a lengthy piece published by Rolling Stone. The mother and father sit at the kitchen table in their Idaho farmhouse, watching their son on YouTube plead for his life. The Taliban captured…
In United States v. Blouin, ARMY 20101135 (A. Ct. Crim. App. 28 May 2014), the court has, in my view, taken a broader view of what qualifies as CP for the purpose of a guilty plea. However, the court is not taking an unknown or unvisited trail. Blouin was charged with…
In United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), and United States v. Quigley, 35 M.J. 345 (C.M.A. 1992), the court set out a procedure to follow when an Appellant wants to raise and issue, but appellate counsel do not think it has merit for briefing. During my time as deputy…