Air Force JAG Certifies Brissette to CAAF
CAAF’s Daily Journal for February 13 reflects the following: No. 12-5001/AF. U.S., Appellant v. Robert C. BRISSETTE, Appellee. CCA 37537. Notice is hereby given that a certificate for review of the...
View ArticleCAAF affirms Fosler relief in Brissette
In this order, CAAF today summarily affirmed the Air Force Court’s affirmance of the trial judge’s ruling set aside a finding of guilty and dismissing a charge on Fosler grounds. United States v....
View ArticleCAAF summarily affirms ACCA in Cooper
Yesterday, CAAF summarily decided the certified issue case of United States v. Cooper, No. 12-6004/AR: On consideration of the certificate for review of the decision of the United States Army Court of...
View ArticleOpinion Analysis: United States v. Nash, No. 11-5005/MC
CAAF released its 20th opinion of the term on Friday, April 13th, ruling against the government in the certified case of United States v. Nash, No. 11-5005/MC, 71 M.J. 83 (C.A.A.F. Apr. 13, 2012)...
View ArticleCAAF grants relief in Rose
Judge Ryan writes for a unanimous court, ruling against the government in this certified case, setting aside the sentence, and authorizing a rehearing. Opinion here. Under Article 67(a)(2), Uniform...
View ArticleOpinion Analysis: United States v. Humphries, No. 10-5004/AF
United States v. Humphries, No. 10-5004/AF, 71 M.J. 209 (C.A.A.F. Jun. 15, 2012) (CAAFlog case page) (link to slip op.), has a complicated case history. I discussed it in my recap of the oral argument,...
View Article2011 Term end o’ term stats Pt. VII — certified issues
If you ask a military appellate defense counsel what irritates her about our appellate system, high on the list will be certified issues. While the defense has to try to convince CAAF to exercise its...
View ArticlePorter certified to CAAF
We’ve previously taken a couple of looks at NMCCA’s unpublished Porter decision (here and here). United States v. Porter, No. NMCCA 201100188 (N-M. Ct. Crim. App. June 28, 2012). Today the Judge...
View ArticleArgument Preview: United States v. Datavs, No. 12-5001/AF
The first oral argument of the September 2012 Term at CAAF is United States v. Datavs, No. 12-5001/AF, which will be argued on Tuesday, October 9. The case involves allegations of ineffective...
View ArticleArmy JAG certifies Schell
On Friday, November 9, CAAF docketed a certificate for review in United States v. Schell, No. 13-5001/AR, on the following issues: I. Whether the Army Court of Criminal Appeals erred when, contrary to...
View ArticleOpinion Analysis: United States v. Datavs, No. 12-5001/AF, 71 M.J. 420
United States v. Datavs, 71 M.J. 420 (C.A.A.F. Dec. 14, 2012) (CAAFlog case page) (link to slip op.), When an appellant alleges that he suffered from ineffective assistance of counsel at trial, he has...
View ArticleCoast Guard JAG certifies Medina
CAAF’s daily journal is catching up on the holiday. From December 20: No. 13-5002/CG. U.S. v. Wilson MEDINA. CCA 1325. Notice is hereby given that a certificate for review of the decision of the...
View ArticleArgument Preview: United States v. Medina, No. 13-5002/CG
CAAF will hear oral argument in United States v. Medina, No. 13-5002/CG, on Tuesday, March 12, 2013, after it hears argument in United States v. Coleman. The Judge Advocate General of the Coast Guard...
View ArticleArgument Preview: LRM v. Kastenberg, No. 13-5006/AF
CAAF will hear oral argument in LRM v. Kastenberg, No. 13-5006/AF, on Tuesday, June 11, 2013. The case involves three issues certified to CAAF by the Judge Advocate General of the Air Force addressing...
View ArticleThe rest of Humphries… reversed
Last year, CAAF reversed the adultery conviction in United States v. Humphries, No. 10-5004/AF, due to the Government’s failure to charge a terminal element, even though the Appellant did not object to...
View ArticleAn unusual Air Force certification
The Air Force JAG has certified an unusual case to CAAF: No. 13-5007/AF. U.S. v. Laurence H. FINCH. CCA 38081. Notice is hereby given that a certificate for review of the decision of the United...
View ArticleOpinion Analysis: CAAF issues per curiam opinion in Whitaker, No. 13-5004/CG
Last week CAAF published a short per curiam opinion in United States v. Whitaker, No. 13-5004/CG, 72 M.J. 292 (CAAFlog case page) (link to slip op.). The case was certified by the Judge Advocate...
View ArticleOpinion Analysis: United States v. Porter, No. 12-5003/MC
CAAF decided the certified case of United States v. Porter, No. 12-5003/MC, 72 M.J. 335 (CAAFlog case page) (link to slip op.), on July 8, 2013, finding that portions of the drug testing report were...
View ArticleOpinion Analysis: United States v. Schell, No. 13-5001/AR
CAAF decided the certified case of United States v. Schell, No. 13-5001/AR, 72 M.J. 339 (Schell II) (CAAFlog case page) (link to slip op.), on July 8, 2013, finding that the CCA erred in interpreting...
View ArticleOpinion Analysis: LRM v. Kastenberg, No. 13-5006/AF
CAAF decided the certified case of LRM v. Kastenberg, No. 13-5006/AF, 72 M.J. 364 (CAAFlog case page) (link to slip op.), on July 18, 2013, finding that it has jurisdiction to decide a challenge by the...
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