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Articles Posted in appellate

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ACCA on post-trial honorable discharges

Here is a link to United States v. Brasington., decided 13 September 2010.  It is not unusual for an appellant to be issued a DD214, Honorable Discharge, sometime after a court-martial at which the appellant was adjudged a punitive discharge. In this case, we are asked, following remand, whether an…

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Waiving appellate review

There has been quite a bit of discussion recently of waiving appellate review as part of a pretrial agreement. Here is a timely article from the ABA about this important topic (thanks to Sentencing Law & Policy for the link). Ellis & Bussert, Stemming the Tide of Postconviction Waivers, 25…

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