CAAFlog
  • Home

CAAFlog

New Grant: Thompson--"Jencks" issue

3/4/2021

1 Comment

 
🚨🚨🚨
​"Order Granting Petition for Review
 
No. 21-0111/AR. U.S. v. Jesse M. Thompson. CCA 20180519. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is granted on the following issue:
 
WHETHER APPELLANT IS ENTITLED TO RELIEF UNDER R.C.M. 914.
 
Briefs will be filed under Rule 25."
1 Comment
Scott
3/4/2021 07:25:49 pm

Here's a link to the opinion (hopefully - ACCA links have been difficult lately): https://www.jagcnet.army.mil/ACCALibrary/cases/opinion/file/legacy/341

Here's a link to the prior CAAFLOG post about the ACCA Opinion: https://www.caaflog.org/home/recent-acca-opinion-united-states-v-thompson

As I commented on that post, I'm not sure ACCA's conclusion that the timeline at issue is not a statement as defined by Jencks/914 is accurate. That said, the fact that the document in question was never in the possession of the government is really the operative issue for Jencks/914 purposes.

I think it is more an issue of due process as implicated by spoliation under the Trombetta / Youngblood line of cases - rather than a true 914 issue.

Most such cases are about the failure to preserve evidence, but the same standard has been applied to the failure to collect evidence.
See Miller v. Vasquez, 868 F.2d 1116, 1120 (9th Cir 1989) (“We hold that a bad faith failure to collect potentially exculpatory evidence would violate the due process clause”) (citing Youngblood).

Reply

Your comment will be posted after it is approved.


Leave a Reply.

    Picture
    Picture
    Picture
    Links
    CAAF
    -Daily Journal
    -Current Term Opinions
    ACCA
    AFCCA
    CGCCA
    NMCCA
    Joint R. App. Pro.
    Global MJ Reform
    LOC Mil. Law
    Army Lawyer
    Resources

    Categories

    All
    Daily Journal
    MJ Reform
    Question Time
    Scholarship
    Top Of The Year 2021
    Unanimous
    Week In Review

    Archives

    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020

The views expressed on this website are expressed in the authors' personal capacities.
Proudly powered by Weebly
  • Home