Criminal Law Department Presents

Latest Episodes:

Criminal Law Department Presents – CAAF Chats Ep 15: U.S. v. McAlhaney, XX MJ XXX (C.A.A.F. 2023) May 24, 2023

Show notes

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 May 22, 2023

Show notes

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) May 10, 2023

Show notes

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) Apr 26, 2023

Show notes

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) Apr 12, 2023

Show notes

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) Mar 29, 2023

Show notes

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) Mar 15, 2023

Show notes

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) Mar 07, 2023

Show notes

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) Feb 15, 2023

Show notes

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) Feb 01, 2023

Show notes

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)

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