EI INCUMBIT PROBATIO QUI DICIT.

Blog Posts in June, 2019

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  • CAAF Decides Argument Over Conflicting Article 134 & MCM Charge Descriptions
    CAAF Decides Argument Over Conflicting Article 134 & MCM Charge Descriptions

    A 3-2 divided Court of Appeals for the Armed Forces (CAAF) recently decided the case of U.S. v. Gleason , finding that an accused cannot be charged with a novel specification under Article 134 of the ...

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  • All Constitutional Errors Must Be Reviewed for Harmlessness, According to CAAF
    All Constitutional Errors Must Be Reviewed for Harmlessness, According to CAAF

    As a result of U.S. v. Tovarchavez ’s conclusion, the Court of Appeals for the Armed Forces (CAAF) has held that any and all constitutional errors must be reviewed for harmlessness, even if those ...

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  • GAO Warns of Gender & Race Disparities in Armed Forces Criminal Justice System
    GAO Warns of Gender & Race Disparities in Armed Forces Criminal Justice System

    Are there disparities based on race, ethnicity, and gender within the military criminal justice system? According to a recent report from the Government Accountability Office (GAO), there might be. ...

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  • Suppression Ruling in U.S. v. Lewis Reversed, CAAF Affirms Decision
    Suppression Ruling in U.S. v. Lewis Reversed, CAAF Affirms Decision

    In an interesting development in the Army case of U.S. v. Lewis , the Court of Appeals for the Armed Forces (CAAF) has decided to affirm the Army Court of Criminal Appeal’s (CCA) partial reversal of a ...

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