27 Sep 2023 - 10:21:50
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. 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)
Criminal Law Dept Presents - The Judge Advocate General's Legal Center & School

This podcast is part of The Quill & Sword series of podcasts created and hosted by The Judge Advocate General’s Legal Center and School (TJAGLCS). Produced by the TJAGLCS Criminal Law Department, the podcast offers a 10-20 minute discussion about every published CAAF opinion—"CAAF Chats"—as well as a curated assortment of selected topics related to military justice - "Military Justice Grab Bag." Two shows, one channel.


15 Sep 2023 - 08:40:50
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. 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)
30 Aug 2023 - 09:00:39
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. 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)
16 Aug 2023 - 09:09:43
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. 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)
Criminal Law Department Presents – MJ Grab Bag Ep. 2: A View from the Bench with COL Robert L. Shuck
02 Aug 2023 - 13:21:39
Military Judge Colonel Robert (Rob) Shuck provides advice for military
justice practitioners in the field for improving their legal practice.
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)
20 Jul 2023 - 15:22:35
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. 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)
05 Jul 2023 - 11:55:43
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. 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)
21 Jun 2023 - 15:32:22
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)
07 Jun 2023 - 10:32:56
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. 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)
24 May 2023 - 09:03:42
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).
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)
22 May 2023 - 11:15:41
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)
10 May 2023 - 09:48:42
In this case, we explore the sentence appropriateness power of the CCAs.
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)
26 Apr 2023 - 11:21:31
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.” 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)
12 Apr 2023 - 14:06:55
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. Connect with The
Judge Advocate General’s Legal Center and School on Face-book (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)
29 Mar 2023 - 08:27:58
This Art. 62 appeal reviews a military judge’s suppression of evidence
found on the accused’s phone. Connect with The Judge Advocate General’s
Legal Center and School on Face-book (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)
15 Mar 2023 - 08:40:01
This case is about remote live testimony of a child and the accused’s
right to confrontation. Connect with us on Facebook (tjaglcs_crimlaw)
or Instagram (tjaglcs_crimlaw)
07 Mar 2023 - 14:59:53
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. Connect with us on Facebook
(tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)
15 Feb 2023 - 09:18:36
This case is about whether attempted conspiracy is a viable offense
under the UCMJ. We also discuss the concept of waiver. Connect with
us on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)
01 Feb 2023 - 10:14:51
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.” Connect with us on Facebook (tjaglcs_crimlaw)
Connect with us on Instagram (tjaglcs_crimlaw)
19 Jan 2023 - 08:58:19
This case is about whether the appellant voluntarily gave his cell phone
password to criminal investigators.
04 Jan 2023 - 08:33:48
This case analyzes the mandatory disclosure exception to the MRE 513 privilege.
21 Dec 2022 - 08:32:10
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.
08 Dec 2022 - 11:14:13
This case offers the first CAAF analysis of the (relatively) new Article
117a offense.
23 Nov 2022 - 08:31:19
This discussion focuses on the limits of the MRE 513 privilege.
09 Nov 2022 - 10:59:10
This case explores some of the limits on a victim’s unsworn statement
under RCM 1001A (now RCM 1001(c)).
03 Nov 2022 - 16:11:27
Teaser episode--The Criminal Law Department informs the field of the
upcoming Podcast “Criminal Law Department Presents.” Stay tuned for
regular content!