CAAF has decided: United States v. Contreras, No. 09-0754/AF We granted review of the following issue: WHETHER THE HOUSEBREAKING CHARGE SHOULD BE SET ASIDE BECAUSE THE UNDERLYING CRIMINAL OFFENSE, INDECENT ACTS WITH ANOTHER UNDER ARTICLE 134, UCMJ, IS A PURELY MILITARY OFFENSE. As detailed below, we conclude that indecent acts…
CAAF has decided United States v. Graner. Graner loses. We granted review in this Abu Ghraib case to determine whether the military judge abused his discretion in (1) refusing to compel the Government to produce certain memoranda requested by the defense; (2) excluding the testimony of, and an e-mail from,…
CAAF’s journal for 22 June 2010 notes: No. 10-0468/AR. U.S. v. Sonya M. WATSON. CCA 20080175. Review granted on the following issue: WHETHER THE ARMY COURT ERRED WHEN IT RULED THAT APPELLANT’S ADMINISTRATIVE DISCHARGE WAS VOIDABLE AND PROPERLY REVOKED AND DID NOT REMIT THE ADJUDGED DISMISSAL. Briefs will be filed…
The U.S. Supreme Court decided City of Ontario v. Quon today. Quon is a case about searching pagers and cellphones. Our clients convicted of child pornography offenses and certain other offenses in which the internet is case related are restricted in computer access post-release. I mention Quon because of an…
Navy Times reports: Photo: AP/Navy Times A military judge has allowed a Marine sergeant convicted of murder in one of the biggest war crimes cases to emerge from the Iraq war to walk free, nearly two months after a military appeals court ruled he had an unfair trial. . .…
Marine Corps Times reports that: A Camp Pendleton Marine whose murder conviction was recently overturned was released Monday after serving four years in prison for a major Iraqi war crimes case, his lawyer said. An emotional Sgt. Lawrence Hutchins III vowed to be the best Marine he could be while…
CAAFLog has posted a link to the denial of certiorari in Pendergrass v. Indiana. When the Supremes, or any appellate court, denies a petition this is what I usually think of. Probably need to update my trial notebook because there must be a more recent “quote?” Stern & Gressman must…
CAAF’s daily journal for 10 June 2010 indicates that CAAF has allowed NIMJ to file a brief on behalf of appellant (I abstained from participation in producing said brief), and allowed NACDL to file an amicus pleading but denied NACDL leave to file an “oversized brief.”
No. 10-0337/AR. U.S. v. David ANTAR. CCA 20080836. Review granted on the following issue: WHETHER THE MILITARY JUDGE ERRED BY ACCEPTING APPELLANT’S PLEA OF GUILTY AND NOT REOPENING THE PROVIDENCE INQUIRY WITHOUT QUESTIONING BOTH APPELLANT AND HIS TRIAL DEFENSE COUNSEL REGARDING APPELLANT’S BIPOLAR DISORDER, HIS EXTENSIVE HISTORY OF PSYCHIATRIC DISORDERS,…
In United States v. Rodriguez, 67 M.J. 156 (C.A.A.F. 2009), cert. denied, 130 S. Ct. 459 (2009) the court changed years of practice when it came to late filings of petitions for review with CAAF. In Rodriguez the court held that: In light of Bowles v. Russell, 127 S. Ct.…