Week in Review

AFCCA

United States v. Arnold. “Appellant—a reservist—raised three issues: (1) whether the court-martial lacked jurisdiction to impose confinement on Appellant because his recall to active duty for trial was not properly authorized by the Secretary of the Air Force; (2) whether Appellant’s conviction violated the Fifth Amendment’s Double Jeopardy Clause; and (3) whether Appellant was entitled to new post-trial processing due to errors in the post-trial process. We resolved the first two issues against Appellant, but we found that post-trial errors required new post-trial processing and action.” This was a case recalled to AFCCA based on completion of actions on remand.
 
United States v. Babian. There was no illegal pretrial confinement as argued by the Appellant.
 
United States v. Rothe. “Appellant raises two issues before this court: (1) whether the military judge erred in denying a defense motion to abate the proceedings due to the government’s destruction of evidence; and (2) whether the evidence is factually insufficient to sustain a guilty finding under either a subjective or objective test for the defense of entrapment.” (More to come on this one later in the week.)
 
United States v. Padilla. The Appellant raised four issues, but the case was remanded to correct various post-trial errors.

NMCCA
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United States v. Berrian. “Appellant asserts two assignments of error [AOE]: (1) that the military judge abused his discretion by denying a challenge for cause for implied bias of a potential member with extensive experience as a victim advocate and (2) that it was plain error to admit a hearsay statement as a prior consistent statement. We find no prejudicial error and affirm.” This is a facts-based case, and the facts support no abuse of discretion.
 
PENDING APPELLATE CASES

United States v. Souders, trial at RAF Mildenhall. Souders was found guilty for viewing indecent material and possessing and viewing child pornography but was acquitted of attempted sexual assault of a child and one count of committing a lewd act on a child. Actions which got him nine years and a duck dinner.