Another case exploring some limits on victim impact statements. United States v. Halter. Appellant pled guilty to one specification of assault consummated by a battery, one specification of reckless endangerment, two specifications of assault upon an intimate partner, and an additional specification of assault consummated by a battery. He was sentenced to six months confinement, RiR, a BCD and a reprimand. After returning from post-trial error corrections the court took up four issues. (1) MJ erred by letting the victim present improper victim impact information in the victim’s unsworn statement. (No plain error.) Appellant contends that the MJ erred when he allowed LV to discuss an uncharged offense in her unsworn statement to the military judge. Specifically, Appellant argues that LV’s unsworn statement was focused on threatening comments he made to her after the last incident that were not charged, and additionally, that the threatening comments were not tied to the offenses to which Appellant pleaded guilty. (2) TC committed prosecutorial misconduct during her sentencing argument by arguing that the Appellant should be sentenced based on an uncharged offense. Trial counsel then argued: There being no objection the court looked through the plain error lens and found no error, and even if there was there was no prejudice. Cheers, Phil CaveNo. 22-0129/AR. U.S. v. Nicholas R. St. Jean. CCA 20190663. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is granted on the following issue:
WHETHER THE MILTIARY JUDGE ERRED BY EXCLUDING EVIDENCE UNDER MIL. R. EVID. 412 AND BY PREVENTING THE DEFENSE FROM PRESENTING EVIDENCE OF PARTICIPATION AND CONSENT DURING THE RES GESTAE OF THE CHARGED SEXUAL ASSAULT. ACCA decided the case of United States v. St. Jean in January this year. Was the issue a Grosty? The President is a convening authority for courts-martial. UCMJ art. 22(1). So how do we view this article by Josh Kovensky, talkingpointsmemo.com/muckraker/esper-trump-wanted-to-activate-retired-four-stars-to-court-martial-them-for-disloyaltyEsper: Trump Wanted To Activate Retired Four-Stars To Court-Martial Them For Disloyalty. TPM, May 6, 2022.
President Donald Trump demanded that the military recall two retired four-star officers who criticized him so they could be court-martialed, a new book says.
No. 22-0065/NA. U.S. v. Willie C. Jeter. CCA 201700248. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said petition is granted on the following issue:
DID THE CONVENING AUTHORITY VIOLATE APPELLANT'S EQUAL PROTECTION RIGHTS, OVER DEFENSE OBJECTION, WHEN HE CONVENED AN ALL-WHITE PANEL USING A RACIALLY NONNEUTRAL MEMBER SELECTION PROCESS AND PROVIDED NO EXPLANATION FOR THE MONOCHROMATIC RESULT BEYOND A NAKED AFFIRMATION OF GOOD FAITH IN SPITE OF A DEFENSE OBJECTION? NMCCA's opinion in United States v. Jeter, __ M.J. ___ (N-M Ct. Crim. App. 2021). On Monday, May 9, 2022, at 9:00 a.m. EDT, Global Military Justice Reform will hold a Town Hall to discuss the case of Major General William T. Cooley, USAF, recently convicted of forcibly kissing his sister-in-law. He was sentenced to a reprimand and forfeiture of $54,550.
Here is the link: Monday, May 9⋅9:00 – 10:30am Join Zoom Meeting Location: https://us02web.zoom.us/j/83555741918?pwd=QkcxeFQ2VHlRZ3NNWTYya0pGVGl0QT09 Description: Join Zoom Meeting https://us02web.zoom.us/j/83555741918?pwd=QkcxeFQ2VHlRZ3NNWTYya0pGVGl0QT09 Meeting ID: 835 5574 1918 Passcode: 752334 The record of trial in Appellant’s case is returned to the Chief Trial Judge, Air Force Trial Judiciary, for correction under R.C.M. 1112(d) to account for the missing audio of the closed session of court, missing Appellate Exhibit VI, and any other portion of the record that is determined to be missing or defective hereafter, after consultation with the parties. The record of trial in Appellant’s case is returned to the Chief Trial Judge, Air Force Trial Judiciary, for correction under R.C.M. 1112(d) to account for the complete and correct version of Prosecution Exhibit 9, complete version of Appellate Exhibit LIX, and any other portion of the record that is determined to be missing or defective hereafter, after consultation with the parties. We received a comment that, Requiring a search authorization to be limited to seizing evidence of only a specific crime seems inconsistent with established caselaw. An authorization to search a residence for a missing person allows the investigators to look anywhere in the residence that a person could be hidden, but allows them to seize any evidence of any crime that they find as long as they find that evidence in a place that a person could be (ie in a closet, not a desk drawer). This ruling is basically saying 'ignore the corpses of dead children, you are only allowed to seize evidence of drug possession' This is a huge change. Update: The alleged assault took place in New Mexico. It does not appear that the acts of which he was convicted are a sex crime in New Mexico. It would appear that assault and battery is the most similar offense. It is a misdemeanor (petty) for which the maximum punishment appears to be a $500.00 plus up to six months confinement and with up to six months probation. Update: Sentenced to reprimand and a little over $10K x five. Betting at CAAFlog was three months forfeiture of pay and the reprimand. Air Force Times is reporting that MG Cooley has been convicted, by military judge alone. After about five hours of deliberation Friday and an overnight break, Jimenez — the chief circuit military judge with the Air Force Trial Judiciary, Western Circuit, at Travis Air Force Base, California — ruled Cooley is guilty of forcibly kissing the woman, the first specification in a single charge of abusive sexual contact. He is not guilty of two other specifications of groping her and moving her hand to touch his genitals over his clothes, she said. Former Army officer AV2 was allegedly sexually assaulted by Master Sergeant Clinton Murray and is a witness in Murray's upcoming military court trial. The military judge overseeing Murray's case ruled that certain communications between AV2 and a Department of Veterans Affairs psychotherapist were not protected from disclosure under the Military Rules of Evidence. AV2 sought relief in the two military appellate courts, but both affirmed the military judge's ruling. Update of sorts from Military.com. Unit commanders in the Navy and Marine Corps will no longer have investigative authority over sexual harassment allegations, according to a department-wide message sent Friday by Navy Secretary Carlos Del Toro. During the Conference over the NDAA FY 22, sexual harassment was removed from the list of covered offenses under the jurisdiction of a special trial counsel (STC). But, the President was tasked to enumerate an offense of sexual harassment under UCMJ art. 134. The President did so (along with other changes) in Executive Order 14062, of January 26, 2022, Annex at 21.
Well, a press release from Congresswoman Jackie Speier tells us some change may be on the way. Today, Congresswoman Jackie Speier (D-CA), Chair of the Armed Services Subcommittee on Military Personal and Co-Chair of the Democratic Women’s Caucus, and Congressman Markwayne Mullin (R-OK), were joined by Representatives Veronica Escobar (D-TX), Troy Balderson (R-OH), Sylvia Garica (D-TX), Tony Gonzales (R-TX), and Anthony Brown (D-MD), in introducing the Sexual Harassment Independent Investigations and Prosecutions (SHIIP) Act to remove sexual harassment from the military chain of command. Senator Mazie Hirono (D-HI), Chair of the Senate Armed Services Subcommittee on Seapower, is introducing her companion legislation today as well, which marks the two-year anniversary of the murder of Army SPC Vanessa Guillén. |
Disclaimer: Posts are the authors' personal opinions and do not reflect the position of any organization or government agency.
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