Criminal Law Department Presents

In this episode, we discuss CAAF's decision in United States v. Driskill. This case examines Double Jeopardy and its application to offenses charged under Article 134. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

In this episode, we discuss CAAF's decision in United States v. Ramirez. Specifically, we examine when a military judge must allow questions concerning racial bias during voir dire - while discussing voir dire and bias generally. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

In this episode, we discuss CAAF's decision in United States v. Warda. Here, the CAAF examines the remedy when the Government is unable to produce documents required by Rule for Courts-Martial 703. The Court provides rules for practitioners concerning their discovery obligations. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

In this episode, we discuss CAAF's decision in United States v. Brown. Specifically, we examine CAAF's view of Part IV of the Manual for Courts-Marital and what constitutes "presence" for disrespect of a noncommissioned officer. Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)

In this episode, we examine CAAF’s latest case concerning unlawful command influence. Specifically, we examine the difference between actual and apparent unlawful command influence, and the influence that judge advocates can have on the system. Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)

In this episode, we examine CAAF’s analysis concerning when an accused makes a prima facie (pronounced pree-muh fah-shuh according to the majority of the criminal law department) showing that race played a role in the panel selection process at their court martial, whether that panel was properly constituted. The Court weighed their previous precedent which allowed a race conscious selection process for the purpose of inclusion in contrast with the Supreme Court’s ruling in US v Batson... read more

In this episode, we examine CAAF’s analysis concerning when an accused makes a prima facie (pronounced pree-muh fah-shuh according to the majority of the criminal law department) showing that race played a role in the panel selection process at their court martial, whether that panel was properly constituted. The Court weighed their previous precedent which allowed a race conscious selection process for the purpose of inclusion in contrast with the Supreme Court’s ruling in US v Batson which said “race is an impermissible criterion for selection of jurors.” This case is very important for judge advocates to understand as they advise their commanders on selecting court martial members (jurors). Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)   show less

In this episode we examine CAAF's analysis concerning how and when a statement qualifies under the excited utterance exception to the hearsay rules and whether appellant's conviction is legally sufficient.
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In this final part, we conclude our analysis of the CAAF's decision in United States v. Hasan. This episode addresses the SJA's role in providing Article 34 advice, ACCA's decision to not recuse itself, and MAJ Hasan's continued self representation during the post-trial phase. Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)

In this second of a three parts, we continue our analysis of the CAAF's decision in United States v. Hasan. This episode addresses whether the military judge has a duty to excuse a panel member for cause and the constitutionality of Article 45(b) of the UCMJ.Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)

In this first of a three parts, we examine the the CAAF's decision in United States v. Hasan. This episode addresses the history of this case, and explains the CAAF's opinion addressing MAJ Hasan's decision to represent himself and the Military Judge's decision to close a portion of the trial to the public. Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)

These two cases examine the CAAF’s jurisdiction when deciding on writs filed by SVCs. Specifically, the CAAF decides whether they have the authority to review decisions made by the CCA’s when asked by an accused, and by an SVC, respectively.
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In this case, CAAF considers whether courts-martial defendants have a right to a unanimous guilty verdict under the Sixth Amendment, the Fifth Amendment Due Process Clause, or the Fifth Amendment component of equal protection.
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This case clarifies what “viewing” means for purposes of Article 120c, Indecent Viewing. Specifically, CAAF considers whether “viewing” includes viewing a simultaneously created visual image of the private area of another person.
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CAAF explores the appellant’s claims that he suffered cruel and unusual punishment under Article 55, UCMJ and the 8th Amendment during a period of post-trial confinement in a civilian jail.
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CAAF considers whether a military judge abused his discretion by failing to abide by the heightened plea inquiry where the charged offense implicated both criminal and constitutionally protected conduct.
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Military Judge Colonel Robert (Rob) Shuck provides advice for military justice practitioners in the field for improving their legal practice.

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Both these cases explore the reasonableness of the Government’s search of an Accused’s cellular phone. CAAF looks at both the reasonableness of the methodologies of these searches and whether the exclusionary rule should be applied to evidence found during the searches of the cellular phones in these cases.

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In this case, CAAF consider an improper sentencing argument, specifically looking at and applying the test for prejudice from improper sentencing arguments. MAJ Dustin Morgan and LtCol David Segraves provide an overview of the case and key takeaways for military justice practitioners.

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Colonel (Ret.) Larry Morris, the Chief of Staff/Counselor to the President of The Catholic University of America delivered the 50th Kenneth J. Hodson Lecture in Criminal Law to the 71st Graduate Course and the Staff and Faculty at The Judge Advocate General’s Legal Center and School. He provided an historical and principled view on “Military Justice in Transition.”

This was a special moment to honor the incredible US Army JAG Corps legacy of Major General Kenneth J. Hodson, whose... read more

Colonel (Ret.) Larry Morris, the Chief of Staff/Counselor to the President of The Catholic University of America delivered the 50th Kenneth J. Hodson Lecture in Criminal Law to the 71st Graduate Course and the Staff and Faculty at The Judge Advocate General’s Legal Center and School. He provided an historical and principled view on “Military Justice in Transition.” This was a special moment to honor the incredible US Army JAG Corps legacy of Major General Kenneth J. Hodson, whose Army career spanned over 30 years, from 1942 through his appointment as The Judge Advocate General of the Army in 1967, to his retirement in 1971, and to celebrate this significant milestone at TJAGLCS. Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)   show less

This case clarifies the standard a military judge must utilize when crafting a remedy for a discovery violation under RCM 701(g)(3)(D). Although this is, at its core a statutory interpretation case, there are discovery lessons to be learned. MAJ Dustin Morgan and MAJ Josh Mikkelsen provide an overview of the case and key takeaways for military justice practitioners.

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In this narrow case, the CAAF looks at whether an adjudged reprimand was appropriate as written as part of its sentence appropriateness review under Article 66(d)(1), Uniform Code of Military Justice (UCMJ).

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Major Josh Mikkelsen, resident Sexual Assault Prevention and Response (SAPR) expert at The Judge Advocate General’s Legal Center and School, shares with us what he considers to be the most significant SAPR updates in the last few years. This is an important episode for commanders and judge advocates advising commanders on SAPR issues.

Here are some resources shared during the episode:

Army Safe-to-Report Policy: Army Directive 2022-10 -... read more

Major Josh Mikkelsen, resident Sexual Assault Prevention and Response (SAPR) expert at The Judge Advocate General’s Legal Center and School, shares with us what he considers to be the most significant SAPR updates in the last few years. This is an important episode for commanders and judge advocates advising commanders on SAPR issues. Here are some resources shared during the episode: Army Safe-to-Report Policy: Army Directive 2022-10 - https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN35839-ARMY_DIR_2022-10-000-WEB-1.pdf Reforms to Sexual Harassment/Sexual Assault in the Army: Army Directive 2022-13- https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN36462-ARMY_DIR_2022-13-000-WEB-1.pdf DoDI 6495.02, Sexual Assault Prevention and Response - https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/649502_vol01.PDF?ver=onrMrl4-MNbCcN4PkGmWVQ%3d%3d Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)   show less

In this case, we explore the sentence appropriateness power of the CCAs.

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To quote Chief Judge Ohlson directly “This case underscores the need for everyone involved in a court-martial to pay meticulous attention to the panel member selection process.”

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This case addresses the application of MRE 412 (prohibition of evidence of sexual behavior or disposition of a victim), but also may be seen as an explora-tion into the Abuse of Discretion standard that appellate courts apply to trial judge’s rulings on evidence.

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This Art. 62 appeal reviews a military judge’s suppression of evidence found on the accused’s phone.

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This case is about remote live testimony of a child and the accused’s right to confrontation.

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In this case, the CAAF explores the use of an accused’s testimony from a prior trial under Military Rule of Evidence (M.R.E.) 801(d)(2) as an admission by a party opponent.

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This case is about whether attempted conspiracy is a viable offense under the UCMJ. We also discuss the concept of waiver.

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This case is about whether the Air Force Court of Criminal Appeals (AFCCA) erred in conducting their factual sufficiency review. Appellant alleges they required him to prove his mistake of fact defense with “direct evidence.”

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This case is about whether the appellant voluntarily gave his cell phone password to criminal investigators.

This case analyzes the mandatory disclosure exception to the MRE 513 privilege.

This case involves two issues: ineffective assistance of counsel, alleging the defense team should have informed the accused to discuss certain collateral consequences, as well as prosecutorial misconduct in the form of improper argument.

This case offers the first CAAF analysis of the (relatively) new Article 117a offense.

This discussion focuses on the limits of the MRE 513 privilege.

This case explores some of the limits on a victim’s unsworn statement under RCM 1001A (now RCM 1001(c)).

Teaser episode--The Criminal Law Department informs the field of the upcoming Podcast “Criminal Law Department Presents.” Stay tuned for regular content!