Military Judge rules new Article 120 unconstitutional
On August 12, Marine Corps Lieutenant Colonel Raymond Beal ruled that the new Article 120, UCMJ violated an accused’s Fifth Amendment right to due process of law. Machinist’s Mate Second Class William...
View ArticleBreaking News: No Man Realizes Fairley is Apprendi Case, Nearly Fries...
Ok, since about June 28, 2008 I have been largely asleep at the MilJus switch. And since August 12, 2008 I have been asleep at the Apprendi switch. However, this morning when I read Maj. Hoege’s...
View ArticleArmy Trial Judiciary issues new-Article 120 Benchbook guidance
One of the many reasons to maintain the ability to post anonymously is that anonymous posters sometimes provide very helpful information. Here’s an anonymous post from earlier today: On 4 Dec the Chief...
View ArticleBZ NMCCA!!!
At this very moment, I am sitting in my home, sipping an ice cold Coke as I type with one hand, and listening to Maj Elizabeth Harvey, USMC, arguing an Article 62 appeal to NMCCA earlier today. NMCCA...
View ArticleNMCCA argument webcast is a total success
The sound quality for NMCCA’s inaugural oral argument webcast is outstanding — better than for CAAF’s oral arguments. Both counsel were superb and the bench was hot. Any lawyer who stumbles across the...
View ArticleAmended Art. 120 Constitutional Says Unanimous, En Banc NMCCA
Here is a link to NMCCA’s unanimous, en banc opinion in United States v. Neal, __ M.J. ___, No. NMCCA 200800746 (N-M. Ct. Crim. App. March 31, 2009) (en banc). Judge Eric Price, writing for a unanimous...
View ArticleMotion to extend time to file certificate of review in Neal
The No Man previously discussed NMCCA’s en banc opinion unanimously rejecting a constitutional challenge to the new Article 120. United States v. Neal, __ M.J. ___, No. NMCCA 200800746 (N-M. Ct. Crim....
View ArticleBREAKING NEWS: NMCCA grants government’s Crotchett appeal, rejecting new...
In a published en banc decision released today, NMCCA rejected a challenge to the new Article 120.United States v. Crotchett, __ M.J. ___, No. NMCCA 200800770 (N-M. Ct. Crim. App. May 12, 2009) (en...
View ArticleCoast Guard trial judge moots Article 120 challenge by deciding to give...
Here is a Coast Guard trial judge’s ruling denying a defense challenge to the new Article 120, but deciding to give the instruction recommended by the Military Judges’ Benchbook, which “moots the...
View ArticleNavy JAG certifies Article 120 constitutionality case to CAAF
On Friday, the Judge Advocate General of the Navy certified a case to CAAF dealing with the constitutionality of the new Article 120 and CAAF ordered an expedited briefing schedule. That expedited...
View ArticleCAAF to hear oral argument on new Article 120’s constitutionality on 21...
Today’s CAAF daily journal update included an order dealing with the timing of CAAF’s review of a recent NMCCA decision rejecting a challenge to the new Article 120’s constitutionality. For purposes of...
View ArticleAudio of oral argument in NMCCA new Article 120 case
Here’s a link to the audio of yesterday’s oral argument in United States v. Medina, another case in which NMCCA is considering the constitutionality of the new Article 120.
View ArticleMedina – NMCCA’s Odd Twist on Art. 120
The Navy-Marine Corps Court of Criminal Appeals released today its en banc decision in United States v. Medina, No. 200900053, __ M.J. __ (N-M. Ct. Crim. App. Dec. 17, 2009). The main portion of the...
View ArticleCAAF to consider Article 120(c)(2)’s constitutionality
CAAF today granted review of a significant issue: “Whether the lower court erred in holding that Article 120(c)(2), UCMJ, is not facially unconstitutional.” United States v. Medina, __ M.J. ___, No....
View ArticleGrant with briefs, grant with no briefs, grant and remand
Two of the most contentious areas in current military appellate practice are challenges to the new Article 120 and application of Melendez-Diaz to urinalysis results. CAAF today granted review of...
View ArticleActing SG waives opposition in new Article 120 case
On Friday, the Acting Solicitor General waived the United States’ right to respond to the cert petition in Neal v. United States, No. 09-1414, which we discussed here. The cert petition is available...
View ArticleNeal cert petition distributed for 17 June conference
We previously noted the cert petition in Neal v. United States, No. 09-1414, challenging the new Article 120. The cert petition has been distributed for the Supremes’ 17 June conference.
View ArticleSupremes call for SG’s response to Neal cert petition
As indicated here, yesterday the Supreme Court asked the Solicitor General to respond to the cert petition in Neal v. United States, No. 09-1414, which challenges the new Article 120.
View ArticleNo SG filing in Neal yet
Today’s SCOTUS online blog update indicates that the SG’s office has received a further extension to reply to the Neal cert petition, No. 09-1414, until 23 August. So we’ll have to wait another couple...
View ArticleNMCCA unpublished opinion setting aside Article 120 conviction
Here’s a link to an interesting unpublished NMCCA opnion setting aside an Article 120 conviction because the military judge failed to sua sponte instruct on the affirmative defense of consent. United...
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