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Last year we took up the appeal of an Army sergeant. After reading the record of trial, I went to meet with the client at the JRCF, Fort Leavenworth, KS to hear from him.  (I make every effort to visit an appellant client in person.) We investigated and interviewed witnesses to develop a case of ineffective assistance of the military defense counsel.

We filed our brief asking for a Dubay hearing to investigate the claims.  The Army court ordered a Dubay hearing. A Dubay hearing is uncommon.  The Order is here.

We represented the client at the Dubay hearing.  The military judge issued his findings of fact and conclusions of law (which are here)

48,000. That is the approximate number of collateral consequences – specific legal restrictions, generalized discriminated and the overall social stigma – returning citizens face. These collateral consequences can adversely impact access to housing, employment, occupational licensing, education, public benefits and voting.

Last month NACDL partnered with Prison Fellowship to celebrate April 2017 as Second Chance Month. NACDL believes that individuals with an arrest or conviction should be afforded a second chance to become productive members of society without the stigma of collateral consequences that limit their potential. The U.S. Senate recently passed S. Res. 129 declaring April 2017 as Second Chance Month.

Currently pending in Congress are two opportunities to ease the collateral consequences of a conviction – the Fair Chance Act (H.R. 1905/S. 842) and the REDEEM Act (H.R. 1906/S. 827). The Fair Chance Act would “ban the box” at the federal level. The REDEEM Act, or the Record Expungement Designed to Enhance Employment Act, would create a mechanism for adults and youth to have their records expunged or sealed.

A gasp went up recently about the likely recall of a retired general officer for court-martial prosecution.  (It’s my understanding that he’s not actually been recalled, merely that the SecArmy has determined to exercise jurisdiction.  He’ll be brought on “active duty” close to trial.)  See, e.g., Oriana Pawlyk, Retired General Accused of Sexual Assault Faces Uncertain Future.  Military.com 8 Sept. 2016.  There are historical examples, not many, of retirees being recalled for prosecution for conduct while on active duty.  I expect to see a modest increase in the recall of retirees for sexual assault allegations.

Here’s another.

In United States v. Reynolds, retired First Sergeant Reynolds was accused of various assaults on some Marines while on active duty.  It appears that he’d:

History alerts us to this day–in 1863–as the day General Order #100 was promulgated.

If you have not read it, I highly recommend John Fabian Witt’s Lincoln’s Code.

Friend Gene Fidell has posted an interesting piece at JustSecurity blog entitled:

U.S. Military Justice and “Operational Mishaps”: A Primer

I’ve put a quick note about the new change to Navy Regulations about posting of nude images — here.

Sophie J. Hart & Dennis M. Martin, Essay: Judge Gorsuch and the Fourth Amendment, 69 Stan. L. Rev. Online 132 (March 2017).

Today we take up the defense’s assignment of error and address the application of Mil. R. Evid. 412 to the government. Does Mil. R. Evid. 412 apply to the government? Yes. Must the government follow the procedural requirements before introducing evidence that falls under Mil. R. Evid. 412? Again, yes. And, finally, what happens when the military judge admits government Mil. R. Evid. 412 evidence without first requiring the government to follow the rule’s procedural requirements? We test for prejudice.

United States v. Carista, No. 20150243 (A. Ct. Crim. App. Jan. 18, 2017).

AF Reporter.

THE FIFTH AMENDMENT IN THE DIGITAL WORLD 2 Technology has breathed new life into the interpretation of constitutional provisions.

EXCEPTIONAL TRANSITIONAL COMPENSATION 34 Help for Family Member Victims When Discharge Happens Before the Offense is Adjudicated [; increasing the secondary gain incentive].

I note here the results in two cases involving sexual assault.