Dateline: 4 September 2020 (as of 0900).
02092020—the court decided (4-1) United States v. Watkins. The court granted review on three issues and found a denial of a right to counsel of choice. The NMCCA decision is here [https://www.jag.navy.mil/courts/documents/archive/2019/WATKINS_201700246_UNPUB.pdf].
31082020--United States v. Scott,
abuse of a child, in violation of Article 80, Uniform Code of Military Justice
[UCMJ]. The military judge merged the two specifications of attempted sexual
assault of a child for findings and sentencing.
Assistance from his trial defense counsel [TDC]—his civilian lead defense counsel, Mr.
Charlie (a pseudonym); and his detailed military defense counsel, Captain Lima (also a pseudonym)—and his substitute post-trial military counsel, Capt Oscar; (3) Capt Lima was improperly excused at trial; and (4) the charges of which he was convicted were unreasonably multiplied. We find no prejudicial error and affirm.
31082020--The court has decided United States v. Doyle,
03092020—the court decided United States v. Campbell., which is another case about what to do, what to do, when the court sends the case back to the convening authority.
28082020—the court decided United States v. Black, a contested MJA case for offenses against a child.
26082020—the court decided United States v. Golden, an MJA GP.
26 August 2020—the court decided United States v. Pimentel-Torres, to be read if you are interested in another dilatory processing case.
02092020—the court decided United States v. Willman.
02092020—the court decided United States v. Lull, in 84 pages.
02092020—the court decided United States v. Harris,
03092020—the court decided United States v. Ward,
03092020—the court decided United States v. Shears,
28 August 2020—the court decided United States v. Perkins, a case to be read if you are interested in a failed providence and dilatory processing case.
In the News—pending appellate cases.
Worth the Read.
Visger, Mark (2020) "The Canary in the Military Justice Mineshaft: A Review of Recent Sexual Assault Courts-Martial Tainted by Unlawful Command Influence," Mitchell Hamline Law Journal of Public Policy and Practice: Vol. 41: Iss. 1, Article 3. Available at: https://open.mitchellhamline.edu/policypractice/vol41/iss1/3. (Note, United States v. Bergdahl.)
Bavli, Hillel, An Aggregation Theory of Character Evidence (July 19, 2020). Available at SSRN: https://ssrn.com/abstract=3664837 or http://dx.doi.org/10.2139/ssrn.3664837.
Monique Chouraeshkenazi, Forensic Psychology, Mental Illness, and Military Crimes. Psychology Today, 29 August 2020 [https://www.psychologytoday.com/ca/blog/in-the-public-interest/202008/forensic-psychology-mental-illness-and-military-crimes].
The Legal History Blog reviews Christian G. Samito, Equal Rights and the Experience of Military Justice for African American Soldiers, a chapter in Becoming American Under Fire[.]
An attempt to order a cell phone owner to provide his password to the phone is testimonial under the Fifth Amendment and the ‘forgone conclusion doctrine’ does not apply. Garcia v. State, 2020 Fla. App. LEXIS 12232 (Fla. 5th DCA Aug 28, 2020).
The trial court here held that the providing of the passcode was non-testimonial, but it gave no explanation for its conclusion or ruling other than “the Stahl decision is controlling here.” In Stahl, law enforcement obtained a warrant to search the defendant’s locked phone, but the defendant refused to provide them with his passcode. 206 So. 3d at 128. The State filed a motion to compel production of the passcode, which the trial court denied, finding the production of the passcode to be testimonial. Id. The Second District Court quashed the order, holding that compelling the defendant to reveal his passcode was not testimonial because the passcode was “sought only for its content and the content has no other value or significance.” Id. at 134.
Brought to you from John Wesley Hall’s excellent fourthamendment.com blog.
Research & Writing.
Prof. Dysart at Appellate Advocacy Blog recommends Simon, Diana, The Power of Connectivity: The Science and Art of Transitions (July 30, 2020). 18 Legal Comm. & Rhetoric: JALWD __ (Fall 2021 Forthcoming), Arizona Legal Studies Discussion Paper No. 20-36, Available at SSRN: https://ssrn.com/abstract=3664846.
Military Justice Editor