Court of Appeals for the Armed Forces
No. 21-0304/MC. U.S. v. Christopher J. Nelson. CCA 202000108. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said petition is granted on the following issue:
DID THE MILITARY JUDGE AND THE COURT BELOW ERR IN FINDING THAT APPELLANT VOLUNTARILY PROVIDED HIS SMART PHONE PASSCODE TO LAW ENFORCEMENT WHEN THE LAW ENFORCEMENT OFFICIAL CONDUCTING THE INTERROGATION ASSERTED THAT HE POSSESSED A SEARCH AUTHORIZATION FOR THE PHONE AND APPELLANT ONLY PROVIDED HIS PASSCODE BECAUSE APPELLANT BELIEVED HE HAD "NO CHOICE?"
Air Force Court of Criminal Appeals
United States v. Dixon. The MJ sentenced Appellant to one year, a BCD, and a reprimand after he was found guilty of housebreaking and communicating a threat. On appeal the court examined six AOEs.
The dissent argues the CAA is neither ambiguous or incomplete and would proceed to the merits of the AOEs. Relying on his prior writings, Judge Lewis finds
I can discern no colorable showing of possible prejudice to Appellant as he did not request any relief on the adjudged sentence in his clemency submission and told the convening authority there “is nothing for you to do.”
United States v. Tellor. Making his second visit after remand for post-trial error corrections, Appellant raised nine issues to no avail.
Navy-Marine Corps Court of Criminal Appeals
United States v. Davis (a mystery case on the NMCCA website). A military judge sentenced Appellant to 10 years, a DD, and RIR after he pled guilty to twice distributing CP, and one each of receiving, possessing, and indecently visually recording CP.
In his sole assignment of error [AOE], Appellant contends that the minor victim's designee provided an improper victim impact statement by including hearsay conversations with the victim's non-testifying mother, statements of hypothetical future impacts, and argument on behalf of the community. We find that Appellant waived the issue and affirm.
In this case the defense "affirmatively declined" to object, even though the MJ asked if there was an objection.
Appellant's defense counsel expressly told the military judge he had reviewed the statement and when asked whether he had any objection stated, "No, Your Honor." Further, when asked by his counsel during his own unsworn statement whether he agreed with "what [Ms. Hart] said in her statement," Appellant responded "Yes. Completely."
Pending appellate cases
United States v. Hart. The appellant has pleaded guilty to "advocating supremecist and extreme doctrine," as well as illegal possession of a firearm and ammunition, and illegally dealing in firearms. (All based on NCIS reporting.) It appears he was sentenced to 23 months and a DD.
In February, Navy Times reported that the service was uncertain how many sailors it had ousted due to “supremacist or extremist conduct,” because there was no record for how many sailors have separated under the corresponding section of the Naval Military Personnel Manual.
Worth the read
Prof. Colin Miller reminds us that In August, three proposed amendments to the Federal Rules of Evidence were released for public comment. The public comment period closes on February 16, 2022. And tells us he will cover these proposed amendments. The first is a proposed amendment to Federal Rule of Evidence 106 (the rule of completeness). (More next week.)
Republic of Korea. According to theYonhap News Agency.
Military sex crimes will be tried in civilian courts, not in military courts, as the National Assembly on Tuesday approved a revision of the military justice system in the wake of suicide deaths of sexual harassment victims at barracks. Military sex crimes will be tried in civilian courts, not in military courts, as the National Assembly on Tuesday approved a revision of the military justice system in the wake of suicide deaths of sexual harassment victims at barracks.
A former Army major accused of killing three neighbors to eliminate a witness in a court-martial has been sentenced to life in prison, Kentucky’s attorney general said. Apparently, Martin was ultimately discharged from the Army and sentenced to 90 days in jail after being convicted by the military court of mishandling classified information and assault on a child,
Cheers, Phil Cave
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