Court-Martial Trial Practice Blog
In United States v. Serianne __ M.J. ___ (C.A.A.F. 2010), CAAF affirmed NMCCA’s dismissal of a charge that Chief Serianne failed to inform his command of a civilian conviction. Here is a link to the en banc opinion on an Article 62(b) interlocutory appeal by the government in Serianne, at NMCCA.
On its face the decision has narrow application to a particular Navy instruction. However, the case may impact any revision of the Navy instruction and also the directive that DoD initiated in 2008 on the subject of E-6 and above reporting their civilian convictions.
I have posted before about an April 2008 policy memorandum issues by DoD. The memorandum will require self-reporting of certain civilian convictions.