On 28 July 2010, ACCA issued a memorandum opinion and decision for the government appeal in United States v. Kirk, ARMY MISC 20100443 (A. Ct. Crim. App. 28 July 2010). At trial the accused blew providency on an AWOL plea. The prosecution decided they wanted to go forward on the…
Yesterday AFCCA issued an order in an Article 62, appeal, in United States v. Harris. There is a rather odd, perhaps bizarre, chronology. What next is the question? Appellant charged. Additional charges added. Appellant arraigned. Next day the MJ dismisses the additional charges on defense motion. Same day as the…
CAAF has issued an opinion in United States v. Bradford, a government appeal of a pretrial ruling. The appeal was on a military judge declination to pre-admit a Lab Package in a urinalysis case. AFCCA had no trouble saying that a declination to pre-admit evidence is appealable. CAAF had no…