Criminal Law Department Presents

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Criminal Law Department Presents – CAAF Chats Ep 23: Fink v. Y.B. and U.S. & M.W. v. U.S. (C.A.A.F 2023) Oct 12, 2023

Show notes

These two cases examine the CAAF’s jurisdiction when deciding on writs filed by SVCs. Specifically, the CAAF decides whether they have the authority to review decisions made by the CCA’s when asked by an accused, and by an SVC, respectively. 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 22: U.S. v. Anderson (C.A.A.F 2023) Sep 27, 2023

Show notes

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) Sep 15, 2023

Show notes

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) Aug 30, 2023

Show notes

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) Aug 16, 2023

Show notes

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 Aug 02, 2023

Show notes

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) Jul 20, 2023

Show notes

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) Jul 05, 2023

Show notes

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 Jun 21, 2023

Show notes

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) Jun 07, 2023

Show notes

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)

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