Week in Review

Court of Appeals for the Armed Forces

We are advised the Government may well certify United States v. Mellette to CAAF (discussed here). (From the CAAF Desk.)

United States v. Kyle joins the post-trial issues trailer park. ACCA pointed to the issue in a footnote.
​

We note that the convening authority failed to take action on appellant's adjudged sentence, and we considered this as part of our review of appellant's case. In light of United States v. Coffman, 79 M.J. 820 (Army Ct. Crim. App. 2020), we find the convening authority's failure to act on appellant's sentence as required by the applicable version of Article 60, UCMJ, while error, was neither jurisdictional nor prejudicial to appellant's substantial right to seek clemency from the convening authority. In making this assessment, we note the appellant pleaded guilty and did not use the opportunity to submit matters to the convening authority under R.C.M.1106. Accordingly, the convening authority's error is harmless in this case.

Courts of Criminal Appeals

They are actively deciding cases, most are summary affirmances.

Potential Appellate Cases

United States v. A Marine. This Marine was accused but not indicted by a grand jury in MA. His GCM began Monday for allegations of murder, voluntary manslaughter, and assault. He was an “on-duty” Reservist at the time of the offenses. (Courtesy of NBCboston.)

United States v. An Air Force Major. A female major is in trial at the USAFA for allegations of sexual and professional misconduct. The accusations include “abusive sexual contact,” abuse of a leadership position, and dereliction of duty, the release stated. In 2019, while working at the Air Force Academy Preparatory School, EC was accused of groping a female trainee on at least two occasions. She was also accused of buying alcohol for underage cadets at the Academy and of having an unduly familiar relationship with a subordinate, according to case records. (Courtesy of The Gazette.)

Pending Appellate Cases

​United States v. Stafford. Stafford, an Airman at Mountain Home Air Force Base and covered by the Mountain Home News in 2014 & 2018 with no local court convictions. So reports the Mountain Home News. The non-commissioned officer was prosecuted and convicted of four rapes, one count of attempted sexual assault, one count of aggravated assault, and two counts of simple assault. He was sentenced to 18 years, six months of confinement, reduced in rank to airman basic, and given a dishonorable discharge during his General Court Martial hearing in March 2021.

​United States v. Matthews, United States v. DeDolph, United States v. Maxwell, and United States v. Madera-Rodriguez. Army Times has a quick summary. See here, from 2019, which are termed “leaked details.” Madera-Rodriquez is in trial this week.

Cheers, Phil Cave.

Contact us: caaflog@nimj.org