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I have updated events of today:

Bergdahl.

ACCA denies Hearst, et., al. petition for extraordinary writ.

Here are two items of potential interest to military justice practitioners from Volume 68 VANDERBILT L. REV.

Todd Haugh, Overcriminalization’s New Harm Paradigm, 68 Vand. L. Rev. 1191 (2015).

Joshua D. Foote, Hung Up on Words: A Conduct-Based Solution to the Problem of Conspiracy in Military Commissions, 68 Vand. L. Rev. 1367 (2015).

In United States v. Starovoytov, the accused plead guilty.

[T]of 5 charges and 18 specifications involving sodomy with children between the ages of 12 and 16, aggravated sexual abuse of children, abusive sexual contact of a child, indecent liberties with children, possessing and producing child pornography, and providing alcohol to persons under the age of 21, in violation of Articles 120, 125, and 134, UCMJ, 10 U.S.C. §§ 920, 925, 934.

He was sentenced to

Even in Canada prosecutors play Discovery Games.

No. 16-0053/AF. U.S. v. Shelby L. Williams. CCA 38454.  Notice is hereby given that a certificate for review of the decision of the United States Air Force Court of Criminal Appeals was filed under Rule 22 on this date on the following issues:

1. WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED BY FINDING THAT THE TRIAL DEFENSE COUNSEL SUFFICIENTLY OBJECTED TO THE ADMISSION OF THE EVIDENCE RELATING TO A PREGNANCY AND MISCARRIAGE.
2. WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED BY FINDING THAT THE MILITARY JUDGE ABUSED HER DISCRETION WHEN SHE ADMITTED TESTIMONY PURSUANT TO MIL. R. EVID. 413, AND ERRED IN FINDING PREJUDICE?

Today the court informed us that the Chief Justice approved our request to extend the time to file the petition until 13 December 2015.

The right to a fair trial: Part 1 – From investigation to trial.

See also, What is a fair trial?

Non-rated period approved for victims of sexual assault

Per a recent change to Air Force Instruction 36-2406, Officer and Enlisted Evaluation Systems, victims of sexual assault are now authorized non-rated periods.   Per paragraph 3.3.10.1.2, Sexual Assault (Unrestricted Report): The Airmen will submit the request, using memorandum format to their unit commander. The initial non-rated period, if the commander approves, is 120 calendar days; additional periods (60-day increments) may be requested for the Airman’s recovery, and will be requested in the same manner. It is prohibited to include comments on any correspondence regarding the member’s filing of an Unrestricted Report of sexual assault, receiving support services, and/or participating in the investigative process and/or judicial proceedings.

Today we filed an application for an extension of time to file a petition for a writ of certiorari with the U. S. Supreme Court.  If granted the petition will be due 15 December.

Friday, April 3, 2015

Certificates for Review Filed

No. 15-0462/MC. U.S. v. Michael A. Arnold. CCA 201200382.  Notice is hereby given that a certificate for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals was filed under Rule 22 on this date, on the following issue: