Up Periscope -- 26 February 2021

​ACCA
​
United States v. Sanchez, 80 M.J. ___ (A. Ct. Crim. App. 2021). 

“When a defendant voluntarily pleads guilty to an offense at a court-martial, he is “not simply stating that he did the discrete acts described” in the specification, but also that he is guilty of the “substantive crime” set forth in the specification. United States v. Hardy, 77 M.J. 438, 442 (C.A.A.F. 2018) (internal quotation marks omitted) (quoting United States v. Broce, 488 U.S. 563, 570 (1989)). Based on the combination of this principle and a 2016 change to Rule for Courts-Martial [R.C.M.] 907, we hold that an unconditional guilty plea waives a later claim that the pleaded to specification fails to state an offense.”

​NMCCA

United States v. McCall. In this drug case the court found IAC of a CDC and MDC for failing to seek suppression of evidence seized at his off-base residence. The other findings of guilty were affirmed as was the sentence. The defense had raised the issue mid-trial and the military judge declined to hear the oral motion as untimely.
Note, health and welfare inspections often made on base are not lawful off-base except in some very limited circumstances. See United States v. Irizarry, 72 M.J. 100, 107 (C.A.A.F. 2013). In Irizarry the court found it to be OK for command to inspect off-base quarters. The appellant’s landlord found the premises in great disarray and the appellant had not paid his rent. It seems to me that allowing off-base health and welfare inspections conflicts with the direction to commanders not to become engaged in settling personal debts because they are not civil action enforcement agents.

PENDING APPELLATE CASES

United States v. Torello. A guilty plea for video recording of a person’s genitalia and distributing the video—all without consent. The bad conduct discharge gets him an Article 66 review.

United States v. Alvarado.

Fort Bliss is in the midst of implementing a new initiative that aims at improving the strength and cohesion of the post called Operation Ironclad.

The initial focus is addressing sexual harassment and sexual assault within Fort Bliss.

This comes just a couple of months after soldier AG died on New Year’s Eve in her barracks room while an investigation into an alleged sexual assault of her was underway. 

The U.S. Army said she had reported being attacked by another soldier just over a year ago after being assigned to the 1st Armored Division and stationed at Fort Bliss. That soldier, Christian Alvarado, is now facing a court martial.