SASC wants to sic DOD IG on DON's appellate delay problem
Here's some fascinating language from the Senate Armed Services Committee's report on the National Defense Authorization Act for Fiscal Year 2010, S. 1390:Inspector General review of post-trial...
View ArticleTo quote David Bowie, ch-ch-ch-changes
As CAAFlog approaches its third anniversary, we find ourselves about to outgrow our existing digital footprint.Serendipitously, just as that is about to happen, we received an offer to move all of our...
View ArticleCox Commission hearing web cast available
NIMJ has posted links to the web cast of the Cox Commission's 16 June public hearing here.
View ArticleMarine Corps Times cover story on the Foster case
Yesterday we noted that the Senate Armed Services Committee has asked the DOD IG to look into the issue of appellate delay in the Department of the Navy. The Foster case figured prominently in the...
View ArticleNew Capital Court-Martial
Third Infantry Division and Fort Stewart CG, Maj. Gen. Anthony Cucolo, referred charges yesterday against Sgt. Joseph Bozicevich (3rd ID) for the alleged murders of Staff Sgt. Darris Dawson and Sgt....
View ArticleCAAF to hear oral argument on new Article 120's constitutionality on 21...
Today's CAAF daily journal update included an order dealing with the timing of CAAF's review of a recent NMCCA decision rejecting a challenge to the new Article 120's constitutionality.For purposes of...
View ArticleCAAF grants [revised]
On Monday. CAAF granted review in United States v. Burleson, No. 09-0258/NA, where the granted issue is:WHETHER, AT THE TIME OF APPELLANT'S COURT-MARTIAL, ARTICLE 134 (INDECENT ASSAULT), UNIFORM CODE...
View ArticleVolume 57 of Naval Law Review now online
Volume 57 of the Naval Law Review, the 2009 issue, is now available here. There are a couple of articles of interest to military justice wonks. I've started, but haven't yet finished, reading this...
View ArticleNew CAAF opinion on detailing authority for defense counsel
United States v. Wiechmann, __ M.J. ___, No. 09-0082/MC (C.A.A.F. July 6, 2009). Chief Judge Effron writes for the majority, holding that "the convening authority erred in treating one of Appellant's...
View ArticleNew CAAF decision on CCA's authority to affirm an LIO on a theory not...
United States v. McCracken, __ M.J. ___, No. 08-0440/MC (C.A.A.F. July 10, 2009). Judge Erdmann writes for the majority. Judge Baker concurred in the result while Judge Stucky concurred in part and...
View ArticleQuick McCracken observation
Interestingly, the majority went the same way -- and for the same reason -- as Senior Judge Couch's dissent below. Senior Judge Couch, on whom the No Man bestowed "The Great" status, recently left...
View ArticleCAAF and commissions
Senate Bill 1390 (available here), the Senate's version of the National Defense Authorization Act for Fiscal Year 2010, includes revisions of the Military Commissions Act to make the military...
View ArticleNew commentator joins the CAAFlog herd
We're pleased to announce the addition of a new CAAFlog commentator: Zachary Spilman. Zachary, please introduce yourself to our readers.
View ArticleBad press coverage
Here's a link to a Chicago Sun-Times article whose author (like its headline writer) seems to think that the Cox Commission is part of the U.S. military.
View ArticleUnpacking McCracken
First let's start with the easy and obvious point about the McCracken opinion that CAAF issued on Friday: all five judges agreed that NMCCA's resolution of the case was erroneous. Let's look at what...
View ArticleThis week in military justice -- 12 July 2009 edition
This week at the Supremes: There are no anticipated military justice developments at the Supremes this week.This week at CAAF: CAAF has completed oral arguments for the term. By my count, seven cases...
View ArticleSG's time to reply to Rodriguez cert petition extended
The Supremes have extended the deadline for the SG to file a response to the Rodriguez cert petition, No. 08-1465, which we discussed here, until 4 August. The SG initially waived the United States'...
View ArticleThe end is near
As I mentioned last week, we will soon be moving our operations over to caaflog.com. My understanding is that all of our previous blog posts will still be accessible, but all of the documents that are...
View ArticleJune Army Lawyer online
The June issue of the Army Lawyer is now available online here. Almost half the issue is devoted to Army DAD own MAJ Grace M. W. Gallagher's article, Don't Panic! Rehearings and DuBays Are Not the End...
View ArticleUpgrades
Readers-In the way of an introduction, I'm a young Marine Judge Advocate brought aboard to help with some technological upgrades (discussed here and here), in my personal capacity of course. The switch...
View ArticleBritish Forces Face Same Challenges
As we here in the States are debating the use of courts-martial for detainees from Gitmo, courts-martial for detainee mistreatment and killings, and what to do about "enhanced interrogation" techniques...
View ArticleCAAF issues opinion on IAC claim
CAAF has released its opinion in United States v. Mazza, __ M.J. ___, No. 09-0032 (C.A.A.F. July 15, 2009). In a unanimous opinion by Judge Stucky, the court rejects an IAC claim, affirming NMCCA's...
View ArticleCAAF News: which do you want first, the good news or the bad news?
The bad news: CAAF today issued an order changing the deadlines for filing supps. Starting on 1 September, supps will be due in conjunction with the petition where the petition is filed by counsel and...
View ArticleNew Home for CAAFlog
CAAFlog can now be found at: www.caaflog.comCAAFlog's RSS feed can be found at: http://www.caaflog.com/?feed=rss2You may not see the new site immediately (before Thursday morning, possibly midday)...
View ArticleCAAFlog Has Moved
As the Z-Man points out below, we are now at our new home http://www.caaflog.com/. The comments on this site are now closed so reset your Favorites and change your links. We can't make you go to the...
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