The Army JAG certifies a case about a major change that triggers the statute...
On Friday CAAF docketed this certification from the Army: No. 20-0119/AR. U.S. v. Antonio T. Moore. CCA 20180692. Notice is hereby given that a certificate for review of the decision of the United...
View ArticleAir Force JAG certifies a case about the good faith exception
On Tuesday the Judge Advocate General of the Air Force certified this case to CAAF: No. 20-0071/AF. United States, Appellant v. Jason M. Blackburn, Appellee. CCA 39397. Notice is given that a...
View ArticleThe Navy JAG certifies case about authority to issue a search authorization
On Friday CAAF docketed this case certified by the Judge Advocate General of the Navy: No. 19-0437/MC. U.S. v. Roberto Armendariz. CCA 201700338. Notice is given that a certificate for review of the...
View ArticleOpinion Analysis: No error in the military judge’s consideration of charged...
CAAF decided the Air Force case of United States v. Hyppolite, II., 79 M.J. __, Nos.19-0119/AF & 19-0197/AF (CAAFlog case page) (link to slip op.), on August 1, 2019. Reviewing a military judge’s...
View ArticleThe Air Force JAG certifies an issue about an instruction not requested at...
On Monday CAAF docketed this certification by the Judge Advocate General of the Air Force: No. 19-0398/AF. U.S. v. Chase J. Easterly. CCA 39310. Notice is given that a certificate for review of the...
View ArticleCAAF affirms another Mangahas trailer
Yesterday’s daily journal contains this summary disposition: No. 19-0345/AF. U.S. v. Humphrey Daniels III. CCA 39407. On consideration of the issue certified by the Judge Advocate General of the Air...
View ArticleOpinion Analysis: CAAF insists that Mil. R. Evid. 311(c)(3) does not mean...
CAAF decided the certified Marine Corps case of United States v. Perkins, __ M.J. __, No. 18-0365/MC (CAAFlog case page) (link to slip op.), on April 23, 2019. Selectively reading Mil. R. Evid. 311...
View ArticleCAAF grants Collins a writ of habeas corpus
Last year, in United States v. Collins, 78 M.J. 530 (A.F. Ct. Crim. App. Jul 23, 2018) (discussed here), the Air Force CCA applied CAAF’s decision in United States v. Mangahas, 77 M.J. 220 (C.A.A.F....
View ArticleCAAF summarily affirms in Collins
On Tuesday CAAF summarily affirmed the Air Force CCA’s decision in United States v. Collins, 78 M.J. 530 (A.F. Ct. Crim. App. Jul 23, 2018) (discussed here), certified, 78 M.J. __ (C.A.A.F. Nov. 5,...
View ArticleCAAF grants to consider an appellant’s competency, and the Air Force JAG...
Last week CAAF granted review in an Army case and the Judge Advocate General of the Air Force filed a cross-certification in a case in which CAAF granted review last month. First, the grant: No....
View ArticleArgument Preview: (Re-)Interpreting the good faith exception, in United...
CAAF will hear oral argument in the certified Marine Corps case of United States v. Perkins, No. 18-0365/MC (CAAFlog case page), on Tuesday, January 22, 2019, after the argument in Smith. The Judge...
View ArticleThe Air Force JAG certifies Collins
Back in July the Air Force CCA issued a decision in United States v. Collins, 78 M.J. 530 (A.F. Ct. Crim. App. Jul 23, 2018) (discussed here), in which it reversed a 2017 conviction for a rape alleged...
View ArticleNavy JAG certifies defense questions about the good faith exception to the...
The Fourth Amendment generally requires law enforcement obtain a warrant prior to seizing or searching property, and the warrant must be based on probable cause. Any evidence discovered in violation of...
View ArticleA certification (about IMC) and a grant (about a search)
CAAF added two new cases to its master docket yesterday, one a certification from the Judge Advocate General of the Navy, and the other a grant. First, the certified case: No. 18-0282/NA. United...
View ArticleCAAF rejects the certified issue in Hale; expands review of whether the mere...
CAAF just updated its daily journal with events from last week, including two significant developments. First, the court rejected the certified issue in Hale as seeking an advisory opinion, and...
View ArticleCAAF summarily rejects the Army JAG’s certification of Gould
Last week CAAF summarily affirmed the Army CCA’s decision in United States v. Gould, No. 17-0507/AR: No. 17-0507/AR. U.S. v. Orval W. Gould, Jr. CCA 20120727. On further consideration of Appellant’s...
View ArticleArgument Preview: Determining when a prosecution appeal is authorized, in...
CAAF will hear the first oral argument of the 2017 term on Tuesday, October 10, 2017, at 9:30 a.m., in the certified Army case of United States v. Jacobsen, No. 17-0408/AR (CAAFlog case page). A single...
View ArticleOpinion Analysis: A custodial interrogation without the benefit of requested...
CAAF decided the certified interlocutory Army case of United States v. Mitchell, __ M.J. __,No. 17-0153/AR (CAAFlog case page) (link to slip op.), on August 30, 2017. Because continued questioning of a...
View ArticleHale gets certified and Mangahas gets a grant
CAAF docketed two new cases on Monday. First, the Judge Advocate General of the Navy certified Hale, which I discussed here. The NMCCA reversed Hale’s convictions, and authorized a rehearing, because...
View ArticleOpinion Analysis: Nine months and an intervening conviction make any search...
CAAF decided the certified Army case of United States v. Gurczynski, __ M.J. __, No. 17-0139/AR (CAAFlog case page) (link to slip op.) on Monday, July 24, 2017. Rejecting a Government interlocutory...
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