Article 134 Specification - News
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CAAFlog » CAAFlog's guide to what remains undecided
, No. ARMY 20090234, a high-profile case that presents an important question about the government’s obligation to disclose a potentially exculpatory expert opinion to the defense. The case also presents an issue of whether the military judge erred by failing to provide a sua sponte instruction on voluntary manslaughter — an issue that seemed particularly interesting to the judges at oral argument. NIMJ’s recap of the argument is available here .
(2) Admissibility of drug testing reports
Two argued CAAF cases may provide further guidance concerning the admissibility of drug testing reports in light of the Supreme Court’s Melendez-Diaz , No. 11-0149/MC, has inspired an entire mobile home park of trailers — the Fosler Trailer Park (thanks again for that metaphor, Snuffy!). The case deals with the implication of failing to allege the terminal element (prejudice to good order and discipline or service discrediting) in an Article 134 specification. It’s one of the most closely watched cases in military justice appellate land this term for the simple reason that just about every military appellate defense counsel has a Fosler , No. 11-0165/AF, which was argued on 21 April 2011, involves the question of what parts of a court-martial sentence other than confinement may be offset as a remedy for illegal pretrial confinement.
(8) Judicial conduct
The last argument of CAAF’s term — which was delayed for the greatest reason ever (childbirth) — was in the case of United States v. Martinez Quick question on Behenna for those with way more brain than me- whichever way ACCA rules, what’s the likelihood CAAF reviews. I’d think if ACCA reverses, Army JAG would certify the case, while if it affirms, especially depending on how thoroughly the CCA rejects the defense arguments, it’s important enough an issue that CAAF would grant discretionary review. Thoughts? Rob, Under the current make-up of CAAF, I’d say chances are pretty good for a CAAF review of Behenna regardless of how the CCA decides it. That being said, CAAF’s composition will change with C.J. Effron’s departure. While each judge certainly has a different personality when it comes to what is grant-worthy, given the history of the Court during his tenure, I think the chances of Behenna seeing CAAF review statistically diminish with C.J. Effron’s departure. With the 4 judges we know will be around, I do think it matters very much how ACCA decides Behenna as to whether it will see a grant.
Article 134 Specification - Bookshelf
Manual for Courts-Martial United States
Sample specifications. "Lewd" and "lascivious" were eliminated because they are synonymous with "obscene." See Analysis, paragraph 90 c. 95. Article 134 ...The Reporter
The Court of Military Review noted that the military judge did not judicially notice the state statute cited in the Article 134 specification, ...Military law reporter, a project of the Public Law Education Institute
Accordingly, we cannot affirm his conviction under this novel Article 134 specification. Sodomy Appellant was a willing participant in an act of fellatio ...Court-Martial Reports: Holdings and Decisions of the Judge Advocates General Boards of Review and United State Court of Military Appeals
In Lripf, the board of review determined that the draftsman of the specification intended to allege, via Article 134 of the Code, supra, a violation of 18 ...ABA Journal
Article 134 prohibits "uttering disloyal statements," but what constitutes a disloyal statement? The specifications to Article 134 prohibit "insulting ...Find Information Directory
Article 134—Disorderly conduct, drunkenness
Unlike most offenses under Article 134, "conduct of a nature to bring discredit upon the armed forces" must be included in the specification and ...
Military Law and Legal Military Defense Specialist - David P ...
Review pursuant to Article 66(c), UCMJ, of General Court-Martial convened by ... Violation of the UCMJ, Article 134. Specification: In that Staff Sergent Wayne ...
United States v. Mason and United States v. Irvin: impacting ...
( 23) He was also charged under Article 133 with one specification of conduct unbecoming an officer and a ... the lower court's decision as to the clause 3, Article 134 offense. ...
Guardsman punished after criticizing Iraq war
Clark violated Article 92 by "releasing classified information regarding unit ... The two Article 134 specifications had to do with releasing specific sensitive ...
REVISED PENAL CODE OF THE PHILIPPINES - BOOK TWO (FULL TEXT)
Full text of the Revised Penal Code of the Philippines [Act No. 3815]. Featured on the World Wide Web by The ... to the execution of any of the acts specified in article 134 of ...