Dateline: 21 August 2020
12 August 2020—AFCCA issued an Order in In re Justice a writ petition.
12 August 2020—AFCCA decided United States v. Heeter.
17 August 2020—NMCCA decides United States v. Lewis.
In the News—pending appellate cases.
Ongoing events suggest the possibility of courts-martial coming from the field either as a direct result of the incidents under investigation or because commanders will pay more attention to future similar events with attendant disciplinary actions—
Worth the Read.
With a declaration of martial law come courts-martial. So, Joseph Nunn, Martial Law in the United States: Its Meaning, Its History, and Why the President Can’t Declare It—. The Brennan Center 20 August 2020—a topical discussion. https://www.brennancenter.org/our-work/research-reports/martial-law-united-states-its-meaning-its-history-and-why-president-cant
We all have clients who are subject to sex offender registration. Here is a report which may have some small relevance or give ideas to us. Pickett, Satifka, & Shah, Labeled for Life: A Review of Youth Sex Offender Registration. Juvenile Law Center, 2020.
Ligeia Quackberg, The Prosecutorial Duty to Disclose Exculpatory Material: Appropriate Remedies and Sanctions. The writer was a LLM student in International Rights and Criminal Justice, Utrecht University.
Justin Murray, Policing Procedural Error in the Lower Criminal Courts, Fordham L. Rev. (forthcoming) [https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3675869].
On the horizon.
At Global Military Justice Reform blog, Joshua Grubaugh writes about Gangs and Extremists in the U. S. Military, activity which is or may become a source of appellate cases. https://globalmjreform.blogspot.com/2020/08/gangs-and-extremists-in-us-military.html. There is a link to a Military.com report about Army CID reports on such activity. Out in the civilian counsel world we are having people reach out who are under investigation—investigations that may lead to court-martial and an appeal.
A bit of history.
21 August 1987, Sgt. Clayton Lonetree, the first Marine court-martialed for spying, was convicted in Quantico, Va., of passing secrets to the KGB. Lonetree ended up serving eight years in a military prison. Dwight “ML” Sullivan was one of 12 counsel out of Code 45 who represented him in this one of many interesting cases. See United States v. Lonetree, 35 M.J.396 (C.M.A. 1990). The issues were complicated, including lying to a suspect that his statements would be kept confidential, lack of Art. 31, UCMJ, warnings by intelligence agents, and is there a right to a public oral argument on appeal. The case joined those seeking to set boundaries where non-DoD agents or civilian DoD employees interrogate a suspect. One of the early cases in that line is Quillen.
We all know that the briefs in CAAF granted cases become available once oral argument is scheduled. Did you know—you now do—that the CGCCA publishes all briefs of cases pending before them—go to https://www.uscg.mil/Resources/Legal/Court-of-Criminal-Appeals/Court-of-Criminal-Appeals-Appellate-Briefs/. Briefs, even in unrelated cases or with unrelated issues can sometimes be a goldmine for your case.
-Current Term Opinions
Joint R. App. Pro.
Global MJ Reform
LOC Mil. Law