Court of Appeals for the Armed Forces
COVID rule for civilians wishing to enter the CAAF building. Note it does not address military personnel yet to be vaccinated or who have an exemption.
Air Force Court of Criminal Appeals
United States v. Murillo. In this GP case the MJ sentenced Appellant to 106 days, a BCD, and a reprimand for divers use of cocaine. Appellant raised three issues.
The court did not decide if TC's argument was improper, rather, they decided that,
Although trial defense counsel’s objection was overruled, the military judge demonstrated he was not committed to trial counsel’s legal understanding of the evidence. We are confident the military judge put “victim” in the appropriate context and that Appellant was sentenced on the basis of the evidence alone and not trial counsel’s interpretation of “victim” under the rules applicable to sentencing.
The court did not find error regarding the NJP record because,
United States v. Dodd. In this GP case the MJ sentenced Appellant to 12 months, a BCD, and a reprimand, because the Appellant had damaged personal property, and five DV A&B. The case was submitted without assignment of error but the court identified a post-trial error for which the court ordered correction of the error.
United States v. Motus. Having returned from correction of post-trial errors, the court reviewed five issues.
Finding no error the court affirmed the findings and sentence.
Army Court of Criminal Appeals
United States v. Snyder. A military judge found Appellant guilty of attempted murder and aggravated assault on a minor. He was sentenced to serve 36-months and a BCD. There were three AOEs.
Task & Purpose has a post about United States v McPherson, decided by ACCA. See Haley Britzky, Congress inadvertently helped a soldier convicted of child molestation get 13 years knocked off his sentence. T&P September 22, 2021. The CAAF affirmed the ACCA decision on August 3, 2021.
Coast Guard Court of Criminal Appeals
United States v. Goodell. Appellant's AOEs make interesting reading, as does CGCCA's opinion. A petition for review at CAAF was withdrawn in September 2019.
Navy-Marine Corps Court of Criminal Appeals
United States v. Jacks. In this ghost opinion it appears that Jack was found guilty of something and sentenced to something which likely has been affirmed. The CL investigators have been unable to verify that Jack was convicted of stealing tarts from the commanders kitchen.
Worth the read
A DoD press release lays out a roadmap for dealing with military sexual assaults. See Terri Moon Cronk, Hicks Outlines Strategy to Thwart Sexual Assault in Military. DoD News, September 22, 2021. [Link to SecDef memorandum.] The roadmap lays out
foundational investments to support sexual assault accountability, prevention programs, healthy command climates and quality victim care.
Cheers, Phil Cave
-Current Term Opinions
Joint R. App. Pro.
Global MJ Reform
LOC Mil. Law