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1/12/2021

🚨🚨🚨 "Order Granting Petition for Review

No. 21-0078/AR. U.S. v. Montana J. Miller. CCA 20190597. 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 THE CONVENING AUTHORITY'S FAILURE TO TAKE ACTION ON THE SENTENCE DEPRIVED THE ARMY COURT OF JURISDICTION UNDER ARTICLE 66, UCMJ.

No briefs will be filed under Rule 25."

5 Comments

Philip D. Cave link

1/13/2021 09:16:53 am

This is one of a number of Army cases with issues in the post-trial processing. The AF and Navy are seeing similar issues.

Many years ago the famous Judge Fulton (later Clerk to ACCA) published a detailed monograph on how, step-by-step to get it right. Does TJAGSA have something similar in the works?

Brenner M. Fissell

1/13/2021 12:17:52 pm

Why was he famous?

Scott

1/13/2021 12:28:23 pm

The army had the “post-trial handbook” which I always thought was fairly good. I do not know whether there is an updated version for the new system.

I wish we had the briefs for this case.

Philip D. Cave link

1/13/2021 01:09:38 pm

Ah. Here is a clue.

He is the person named in the "2011 WILLIAM S. FULTON, JR.
APPELLATE MILITARY JUDGES’ CONFERENCE."

I pick on TJAGSA to produce a guide because IMHO they produce the best materials for the practitioner (some of which I still refer to). Fulton's guide served me well as an SJA and appellate counsel. As an aside, many years ago I got in "trouble" for actively suggesting all the service JAGS be consolidate with TJAGSA. This was in the early days of BRAC and at the same time a certain senator from Alabama succeeded in having the AFJAGS located in Alabama. TJAGSA keep up the good work.

Philip D. Cave link

1/14/2021 06:55:58 pm

This may help.

Major Mary M. Foreman, A Patriot's Heart: A Summary and Analysis of An Oral History of Colonel William S. Fulton, Jr., United States Army (Retired) (1943-1983); and Addendum to Oral History, The Clerk of Court Years (1983-1997). 175 MIL. L. REV. 252 (2003).

https://www.jagcnet.army.mil/Sites/ACCA.nsf/xsp/.ibmmodres/domino/OpenAttachment/sites/acca.nsf/E8EFF093C9CADBFE8525803E0050B79D/Attachments/Oral%20History%20of%20William%20S%20%20Fulton.pdf

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