CAAFlog
  • Home

CAAFlog

T-Minus One Week Until the 2021 Term

9/26/2021

 
CAAF's 2021 term is approaching fast. Here are the four cases before CAAF next week:

Tuesday, October 5, 2021

United States v. Julian D. Schmidt
Case Summary: GCM conviction of sexual abuse of a child. Granted issues question: (1) whether the phrase "in the presence of" used to define the term "lewd act" in Article 120b(h)(5)(d) requires the child to be aware of the lewd act or merely that the accused be aware of the child's presence; (2) whether Appellant affirmatively waived any objection to the military judge's instructions and the failure to instruct on the affirmative defense of mistake of fact; and (3) whether having assumed deficient performance by counsel, the lower court erred in finding no prejudice.

United States v. Virginia S. Moratalla

Case Summary: GCM conviction of attempted larceny, larceny, drawing and uttering a check without sufficient funds, bank fraud, and dishonorably failing to pay debt. Granted issue is whether the Appellant's guilty plea to bank fraud under 18 U.S.C. Section 1344 was improvident.

Wednesday, October 6, 2021

United States v. Bradley M. Metz
Case Summary: GCM conviction of arson, housebreaking, and unlawful entry. Granted issue is did the lower court err by failing to apply Brown v. Illinois, 422 U.S. 590 (1975), despite finding Appellant was illegally apprehended. 

United States v. Jerard Simmons 
Case Summary: GCM conviction of sexual assault of a child, extortion, and producing child pornography. Granted issue questions whether the military judge erred in allowing the government to make a major change to a specification, over defense objection – almost tripling the charged time frame – after the complaining witness's testimony did not support the offense as originally charged and the prosecution had rested its case. 

Briefs for all cases can be found here.

    Case to watch?

Submit

Comments are closed.
    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