Post-trial actions Category Archives — Court-Martial Trial Practice Blog Published by International Military Lawyer

AFCCA published opinion on post-trial (Moreno) delay

September 19, 2020 | The Law Office of Philip D. Cave

14 September 2020, the court issued a published opinion in United States v. Livak, it’s a Moreno case analyzed with the new rules in mind.

Appellant claims that his due process rights were violated when his case was not docketed with this court within 30 days of the convening authority’s action as required by United States v. Moreno, 63 M.J. 129, 142 (C.A.A.F. 2006). Finding no error that resulted in material prejudice to Appellant’s substantial rights, we affirm the findings and sentence.” The court reviews the case considering the new post-trial rules for events at the trial stage. The takeaway point are,

Under the new rules there is no CA action, so Moreno “no longer helps.”

Article 69(d) in the toolbox

May 29, 2020 | The Law Office of Philip D. Cave

United States v. Roberts, ACCA, May 2020.

Click to access sd-roberts,%20dl.pdf

Occasionally a TJAG will refer a subjurisdictional sentence case to the CCA, which is what happened here.

Don Rehkopf as a reminder to defense counsel

July 24, 2019 | The Law Office of Philip D. Cave

Here is something from good friend Don Rehkopf as a reminder to defense counsel.

1) For anyone representing a client with Art. 120, offenses that will trigger a Dismissal or DD upon conviction; or

2) Anyone representing a client where there may be a chance of being sentenced to a Dismissal or DD;

Collateral consequences

June 16, 2017 | The Law Office of Philip D. Cave

Collateral Consequences of Criminal Conviction and Restoration of Rights: News, Commentary, and Tools

I am a fan of this website as a resource to find ways to argue on behalf of a client, just as I am a fan of restorative justice.

The CCRC is pleased to announce the launch of its Compilation of Federal Collateral Consequences (CFCC), a searchable online database of the restrictions and disqualifications imposed by federal statutes and regulations because of an individual’s criminal record. Included in the CFCC are laws authorizing or requiring criminal background checks as a condition of accessing specific federal benefits or opportunities.

A decision from the 10th that might be applicable to military parolees

May 11, 2016 | The Law Office of Philip D. Cave

There are two ways a military prisoner gets out: serve to their minimum release date or get parole. Either way, the person is going to be placed into a strict form of post-release conditions. For those who get to their MRD they will go into the Mandatory Supervised Release Program.

MSR (Mandatory Supervised Release) is very similar to parole. Individuals released on MSR must adhere to the conditions of release and are under the direct supervision of a parole/probation officer. Individuals released via MSR remain under supervision and must abide by all conditions of release for the full length of their sentence unless a portion of the sentence has been remitted by the Board. After successful completion of MSR, individuals are released from supervision and have fully served their sentence. An individual who violates the conditions of MSR is subject to sanctions for misbehavior that range from warnings to revocation of MSR and return to military confinement.

The individual on parole and MSR is under the direct supervision of a United States Probation Officer (USPO) until the full sentence has been served or the Army Clemency and Parole Board remits the remaining portion of his sentence. The difference between the two is an individual is eligible for parole after serving one-third or more of his/her sentence, while an individual released on MSR is released when he has served until his minimum release date and has submitted an acceptable release plan. Failure to provide an acceptable release plan could require the individual to serve his full sentence in confinement.