Today, December 1, 2020, CAAF will hear oral arguments in United States v. Upshaw. CAAF granted review on the following two issues:
(1) WAS THE MILITARY JUDGE’S IMPROPER PROPENSITY INSTRUCTION, IN VIOLATION OF UNITED STATES V. HILLS, 75 M.J. 350 (C.A.A.F. 2016), HARMLESS ERROR BEYOND A REASONABLE DOUBT?; AND (2) WAS A RECUSED JUDGE'S SUBSTANTIVE PARTICIPATION IN APPELLANT'S CASE AFTER HE RECUSED HIMSELF HARMLESS ERROR? Upshaw briefs here.
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Today, December 1, 2020, CAAF will hear oral arguments in United States v. Uribe. CAAF granted Staff Sergeant Ryan G. Uribe's petition for review on the following issue: WHETHER THE LOWER COURT ERRED IN FINDING THE MILITARY JUDGE DID NOT ABUSE HIS DISCRETION IN DENYING A JOINT MOTION TO RECUSE Conviction & Sentence Appellant was convicted of one specification of Art. 120, UCMJ, for sexual assault on divers occasions. He was then sentenced by the military judge to a dishonorable discharge, 20 months confinement, reduction to E-1, and a reprimand. Uribe briefs here. Editor's note: A recap of Uribe's oral arguments will be posted in the coming days. Elizabeth BerecinManaging Editor |
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