Disclaimer: I authored an amicus brief on behalf of the Marine Corps Defense Services Organization and in support of the appellee’s position in this case. The brief is available here and is discussed in this post. CAAF will hear oral argument in the certified Air Force case of United States v. Chin, No. 15-0749/AF (CAAFlog case page), on Wednesday, … More Argument Preview: United States v. Chin, No. 15-0749/AF
Our #6 top story of 2014 again involves a military judge ruling against the government after getting frustrated and the government appealing. Vargas was a spousal assault special court-martial. Zach has previously discussed the case here and here. The case was delayed and continued multiple times. The last several continuances were based on the government’s … More Top Ten Military Justice Stories of 2014 – #6: United States v. Vargas & Article 62
Article 12 of the UCMJ states: No member of the armed forces may be placed in confinement in immediate association with enemy prisoners or other foreign nationals not members of the armed forces. The foreign nationals provision of this Article was at issue in 2014, with a pair of certified Air Force cases that asked CAAF to … More Top Ten Military Justice Stories of 2014 – #9: Article 12
Military Rule of Evidence 404(a)(2)(A) (2013) is functionally identical to its civilian counterpart, Federal Rule of Evidence 404(a)(2)(A): The accused may offer evidence of the accused’s pertinent trait, and if the evidence is admitted, the prosecution may offer evidence to rebut it. American law has long recognized that an accused may use a pertinent trait of his or her … More Top Ten Military Justice Stories of 2014 – #1: Restriction of the defense of good military character
Tomorrow we will begin our countdown of the Top 10 Military Justice Stories of 2014. Prior lists are available here. This week at SCOTUS: I’m not aware of any military justice developments at the Supreme Court, where I’m tracking one case: This week at CAAF: The next scheduled oral argument at CAAF is on Wednesday, January 14, 2015. This … More This Week in Military Justice – December 28, 2014
In the certified Air Force case of United States v. Morita, No. 14-5007/AF (CAAFlog case page), CAAF is considering the Air Force CCA’s fascinating opinion that held that subject matter jurisdiction did not exist for the appellee’s submission of fraudulent or otherwise unauthorized travel claims for reserve duty when those claims were submitted while the appellee was in an inactive … More A likely Morita trailer
The eighth story in our top ten countdown was initially broken by our own Phil Cave, who can now add breaking news reporter to his list of many other talents. On May 2, Phil reported that Marine Corps CID agent had tossed the office spaces of the Marine Corps Defense Services Organization at Camp Pendleton … More Top Ten Military Justice Stories of 2014 – #8: Search of Camp Pendleton Defense Counsel Offices
Like many of our readers, one of the things I love about criminal law and military justice are the stories. Each case, each client, and each courtroom experience is a story. But some stories are better than others. And some reveal or remind of us of fundamental truths. This year’s Number 10 story is the … More Top Ten Military Justice Stories of 2014 – #10: United States v. Bowser Article 62 appeal
This week at SCOTUS: I’m not aware of any military justice developments at the Supreme Court, where I’m tracking one case: This week at CAAF: The next scheduled oral argument at CAAF is on Wednesday, January 14, 2015. This week at the ACCA: The Army CCA’s website shows no scheduled oral arguments. This week at the AFCCA: The next … More This Week in Military Justice – December 21, 2014
In a published opinion issued last month in United States v. Hanks, __ M.J. __, No. 20120597 (A. Ct. Crim. App. Nov. 25, 2014) (link to slip op.), a three judge panel of the Army CCA holds that convictions for maiming, in violation of Article 124, and aggravated assault in which grievous bodily harm is intentionally inflicted, in … More An interesting published multiplicity opinion from the Army CCA
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