In Kentucky v. King, S. Ct. 1849 (2011), King conditionally pled guilty to numerous drug offenses after losing a motion to suppress evidence from a warrant less search. The Kentucky Court of Appeals affirmed, but the Supreme Court of Kentucky reversed. In a controlled buy, police officers followed the suspect into a breezeway. One officer radioed to the […]
United States v. Behenna, 70 MJ. 521 (Army Ct. Crim. App. July 21, 2011), pet. for grant of rev. filed, No. 12-0030/AR (C.A.A.F. Sept. 19, 2011). Procedural History: Behenna was convicted of unpremeditated murder and assault. During appeal, Behenna claimed he was denied the right to a fair trial when a prosecution witness who could […]
Procedural History: Luke was convicted in 1999 of two specifications of indecent assault of a shipmate and was sent to two years confinement and a bad-conduct discharge. Evidence produced against Luke included DNA analysis and testimony by Mr. Phillip Mills of the United States Army Criminal Investigation Laboratory (USACIL). Luke’s conviction was affirmed in 2004. Initially, the […]
MRE 321 – Eye Witness Identification Jul 26, 2012 In United States v. Baker, 70 M.J. 283 (C.A.A.F. 2011) the issue before the CAAF was whether the Army Court of Criminal Appeals erred (1) in finding that the military judge’s suppression of the identification evidence was an abuse of discretion, and (2) in holding that […]
Jul 18, 2012 In United States v. Boie, ACM 37546 (A.F. Ct. Cim. App. 011) (slip op.) the Appellant was convicted by officer and enlisted members, in accordance with his pleas, among other things, of one specification of the attempted killing of an unborn child and assault consummated by a battery. The appellant was upset […]
In United States v. Truss, 2011 WL 3891821 (A. Ct. Cim. App.) the appellant was convicted by a military judge of two specifications of sodomy and one specification of assault consummated by battery. The victim, PFC LY, held a drinking party in his barracks room with some friends. The appellant, who PFC LY recognized, showed […]
Historical legal discussion. This article addresses the version of Article 120 applicable to conduct from 1 October 2007 through 27 June 2012. References below to the “new” or “current” statute and trial procedures describe that historical discussion, not the law for a current offense. Read Consent Under Article 120: The Offense Date Matters for an […]
In UNITED STATES v. SCHUBER, 70 MJ 181 (C.A.A.F. 2011) Schuber was subject to restriction not tantamount to arrest during the period following his 71 days in pretrial confinement, where accused was limited to base rather than to quarters, and even though he was required to provide weekly urine samples, he was allowed to avail […]
In United States v. Cox, No. 20080819, 2010 WL 3522561 (A. Ct. Crim. App. Jan. 11, 2010) (unpublished) the convening authority took action in this case in sixty-one days after the trial, but then the government took 248 days to forward the record to the ACCA. The government provided no reasons for the delay in […]