Criminal Law Dept Presents - The Judge Advocate General's Legal Center & School

Criminal Law Department Presents – CAAF Chats Ep 22: U.S. v. Anderson (C.A.A.F 2023)

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 Department Presents – CAAF Chats Ep 21: U.S v. Mays (C.A.A.F 2023)

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)

Criminal Law Department Presents – CAAF Chats Ep Ep 20: U.S. v. Pullings (C.A.A.F. 2023)

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)

Criminal Law Department Presents – CAAF Chats Ep 19 – US v Kim (CAAF 2023)

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)

Criminal Law Department Presents – CAAF Chats Ep 18: U.S. v. Lattin & U.S. v. Shields, XX MJ XXX (C.A.A.F. 2023)

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)

Criminal Law Department Presents – CAAF Chats Ep 17: U.S. v. Witt, XX MJ XXX (C.A.A.F. 2023)

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)

Criminal Law Department Presents – MJ Grab Bag Ep. 2: The 50th Hodson Lecture in Criminal Law with COL (Ret.) Larry Morris

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)

Criminal Law Department Presents – CAAF Chats Ep 16: U.S. v. Vargas, XX MJ XXX (C.A.A.F. 2023)

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)

Criminal Law Department Presents – CAAF Chats Ep 15: U.S. v. McAlhaney, XX MJ XXX (C.A.A.F. 2023)

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)

Criminal Law Department Presents – MJ Grab Bag Ep. 1: Sexual Assault Prevention and Response (SAPR) Updates

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)

Criminal Law Department Presents – CAAF Chats Ep 14: U.S. v. Behunin, XX MJ XXX (C.A.A.F. 2023)

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)

Criminal Law Department Presents – CAAF Chats Ep 13: U.S. v. King, XX MJ XXX (C.A.A.F. 2023)

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)

Criminal Law Department Presents – CAAF Chats Ep 12: U.S. v. St. Jean, XX MJ XXX (C.A.A.F. 2023)

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)

Criminal Law Department Presents – CAAF Chats Ep 11: U.S. v. Black, 82 MJ 447 (C.A.A.F. 2022)

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)

Criminal Law Department Presents – CAAF Chats Ep 10: U.S. v. Bench, 82 MJ 388 (C.A.A.F. 2022)

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)

Criminal Law Department Presents – CAAF Chats Ep 9: U.S. v. Pyron, xx M.J. xxx (C.A.A.F. 2023)

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)

Criminal Law Department Presents – CAAF Chats Ep 8: U.S. v. Day, xx M.J. xxx (C.A.A.F. 2022)

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)

Criminal Law Department Presents – CAAF Chats Ep 7: U.S. v. Thompson, xx M.J. xxx (C.A.A.F. 2022)

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)

Criminal Law Department Presents – CAAF Chats Ep 6: U.S. v. Nelson, 82 M.J. 82 (C.A.A.F. 2022)

19 Jan 2023 - 08:58:19

This case is about whether the appellant voluntarily gave his cell phone password to criminal investigators.

Criminal Law Department Presents – CAAF Chats Ep 5: U.S. v. Beauge, 82 M.J. 157 (C.A.A.F. 2022)

04 Jan 2023 - 08:33:48

This case analyzes the mandatory disclosure exception to the MRE 513 privilege.

Criminal Law Department Presents - CAAF Chats Ep 4: U.S. v. Palacios Cueto, 82 M.J. 323 (C.A.A.F. 2022)

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.

Criminal Law Department Presents – CAAF Chats Ep 3: US v. Hiser, 82 M.J. 60 (C.A.A.F. 2022)

08 Dec 2022 - 11:14:13

This case offers the first CAAF analysis of the (relatively) new Article 117a offense.

Criminal Law Department Presents - CAAF Chats Ep 2: U.S. v. Mellette, 82 M.J. 374 (C.A.A.F. 2022)

23 Nov 2022 - 08:31:19

This discussion focuses on the limits of the MRE 513 privilege.

Criminal Law Department Presents - CAAF Chats Ep 1: U.S. v. Edwards, 82 M.J. 239 (C.A.A.F. 2022)

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)).

Criminal Law Department Presents

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!

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