Articles Posted in Uncategorized

Two items in the new Army Lawyer.

Working with Civilian Counsel: A Military Practitioner’s Roadmap	By Major Michael G. Botelho.pdf
The Right to See: A Due Process Analysis of Access to Information in Army Adverse Administrative Proceedings	By Major John T. Soron.pdf

After a lengthy down time, CAAF and AFCCA are back on line.

The military does not have mandatory minimum confinement sentences (and I hope we never have them).  But this federal case is certainly interesting.

US v. Collins, No. 15-3236 (6th Cir. June 29, 2016) (available here).

It’s just sad that the public, and more importantly practitioners before the court have to rely on handouts from colleagues to get news out there about events in the CAAF.

Here’s another.  In United States v. Commisso, CAAF has granted on the following issue.

WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION IN DENYING THE DEFENSE’S POST-TRIAL MOTION FOR A MISTRIAL, THEREBY VIOLATING APPELLANT’S RIGHT TO HAVE HIS CASE DECIDED BY A PANEL OF FAIR AND IMPARTIAL MEMBERS, BECAUSE THREE PANEL MEMBERS FAILED TO DISCLOSE THAT THEY HAD PRIOR KNOWLEDGE OF THE CASE.

Since Denedo, and definitely since Padilla, military defense counsel must tell a client about the potential for deportation.

A former U.S. Marine from Jamaica who was convicted by special court-martial of having sex with a girl younger than 16 is eligible for deportation, the Third Circuit ruled.

Gurson Gourzong, a native of Jamaica, was admitted to the U.S. as a lawful permanent resident in 1983, and thereafter joined the U.S. Marine Corps.

The Department of Defense (DoD) is publishing this notice to announce that it is renewing the charter for the Judicial Proceedings Since Fiscal Year 2012 Amendments Panel (“the Panel”).

The National Post (Canada) reports:

The Canadian Forces has distributed 120,000 wallet-size cards to military personnel to remind them that sexual assault is an “inappropriate” behaviour.

The cards are to be carried by military staff on the job, including when they are sent overseas.

OPNAV INSTRUCTION 1750.3A

From: Chief of Naval Operations Subj: TRANSITIONAL COMPENSATION FOR ABUSED DEPENDENTS

SecNav has signed a new policy on administrative separations for misconduct where the person has a mental health issue.

To protect Sailors and Marines suffering with post-traumatic stress disorder (PTSD), traumatic brain injury (TBI) or any other diagnosed mental health condition, Secretary of the Navy Ray Mabus has made his department the first in the military to assure such conditions are considered before separating a service member.

Previously a service member’s misconduct took precedence over diagnosed mental health conditions when considering separation, which impacted the veteran’s ability to receive benefits. Now, if it contributed to the misconduct, the medical condition will take precedence.

Senator Gillibrand accused DoD of lying to her about certain sexual assault statistics.

Defense Secretary Ash Carter is pushing back on reports that the Pentagon misled Congress on its handling of sexual assault cases, blaming misunderstandings and a lack of access to some information.

Now here is the letter SecDef Carter sent in response.