Shows
Litigator LibationsTo Be, or Not to Be (Arbitrary)?Send us a textHappy New Year, everyone! This week, Sam and Trevor cover two cases where the Court of Appeals for the Armed Forces (CAAF) analyzes the purported arbitrary application of military rules of evidence. The first is United States v. Maebane, No. 24-0196, 2025 CAAF LEXIS 772 (C.A.A.F. Sep. 18, 2025). In this 3-2 decision, the CAAF overturned a conviction where a third party’s confession was ruled inadmissible under Military Rule of Evidence 807. The duo dissects the detailed facts to show how and why the CAAF reached the decision it did. During their discussion, they ta...
2026-01-0948 minLitigator Libations98 - Waiving Goodbye to Errors - and 2025!Send us a textIn their last episode of 2025, Sam and Trevor discuss all things waiver. There are four cases on the agenda, so buckle-up! First, United States v. Arroyo, 2025 CAAF LEXIS 688 (C.A.A.F. Aug. 19, 2025), which deals with how and why an appellate court can consider that an appellant got the “benefit of the bargain” from a plea agreement during its sentence appropriateness analysis. Second, United States v. Cook, 2025 CAAF LEXIS 726 (C.A.A.F. Aug. 28, 2025), which covers how an accused can waive the maximum punishment calculation. Third, United States v. Suarez, 2025 CAAF LEXIS...
2025-12-1241 minLitigator Libations96 - Did Downum Change the Permissive Inference?Send us a textThis week, Sam and Trevor tackle United States v. Downum, __ M.J. __, No. 24-0156/AR, 2025 CAAF LEXIS 828 (C.A.A.F. Sep. 30, 2025). Well, sort of.In Downum, the CAAF makes an interesting point about what is required to invoke the permissive inference for unlawful use of a controlled substance under Article 112a, UCMJ. The CAAF seems to imply that the Government “must” present certain evidence to get the permissive inference. But this appears to change decades of case law on how the permissive inference works in "naked UA" cases (i.e., when...
2025-11-1428 min
Criminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 62: United States v. Johnson (C.A.A.F. 2025)In this episode we discuss the jurisdiction and authority of the Courts of Criminal Appeals and the Court of Appeals for the Armed Forces to address alleged errors in post-trial actions that indicate firearms restrictions under 18 U.S.C. § 922. We cover distinctions from the CAAF’s Williams opinion from last term, timing for when the judgment is entered into the record, and the specific authority of the Courts of Criminal Appeals to provide appropriate relief for errors after the judgment is entered.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil...
2025-11-0522 min
The Quill & SwordThe Quill & Sword | CAAF Chats Ep 62: United States v. Johnson (C.A.A.F. 2025)In this episode we discuss the jurisdiction and authority of the Courts of Criminal Appeals and the Court of Appeals for the Armed Forces to address alleged errors in post-trial actions that indicate firearms restrictions under 18 U.S.C. § 922. We cover distinctions from the CAAF’s Williams opinion from last term, timing for when the judgment is entered into the record, and the specific authority of the Courts of Criminal Appeals to provide appropriate relief for errors after the judgment is entered.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil...
2025-11-0522 minLitigator Libations95 - Discovery Considerations following Roan and SecordSend us a textNothing is spookier this Hallow’s Eve than the Government failing to provide evidence to criminal defendants. In their Halloween special, Sam and Trevor untangle the web that is United States v. Secord, __ M.J. __, 2025 CAAF LEXIS 646 (C.A.A.F. 2025), a case about digital data and R.C.M. 701 possession. Then, they turn to a case straight out of the twilight zone, United States v. Roan, __ M.J. __, 2025 CAAF LEXIS 760 (C.A.A.F. 2025), involving hidden and destroyed evidence. Much like this lost evidence, no one is safe this Halloween! In discussing bo...
2025-10-3130 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 60: United States v. Casillas (C.A.A.F. 2025)In this episode we discuss the constitutionality of Article 120 and distinctions from CAAF’s recent Mendoza opinion. We also cover the other granted issues addressing questions of legal sufficiency, panel member bias, special instructions on intoxication and consent, and collateral consequences under 18 U.S.C. § 922.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Cont...
2025-09-2423 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 60: United States v. Casillas (C.A.A.F. 2025)In this episode we discuss the constitutionality of Article 120 and distinctions from CAAF’s recent Mendoza opinion. We also cover the other granted issues addressing questions of legal sufficiency, panel member bias, special instructions on intoxication and consent, and collateral consequences under 18 U.S.C. § 922.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Cont...
2025-09-2423 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 58: United States v. Patterson (C.A.A.F. 2025)In this episode, we discuss the authority of CAAF to review factual sufficiency determinations of Courts of Criminal Appeals. We further address variance involving dates of the charged offense and changes to the specifications under R.C.M. 603. We also welcome LTC Michael Scaletty, Chair, Criminal Law Department, and Jackson Trout, a summer intern at TJAGLCS.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law...
2025-09-1013 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 58: United States v. Patterson (C.A.A.F. 2025)In this episode, we discuss the authority of CAAF to review factual sufficiency determinations of Courts of Criminal Appeals. We further address variance involving dates of the charged offense and changes to the specifications under R.C.M. 603. We also welcome LTC Michael Scaletty, Chair, Criminal Law Department, and Jackson Trout, a summer intern at TJAGLCS.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law...
2025-09-1013 minLitigator Libations92 - US v Patterson; US v Dillenburger; and Reverse 404(b)Send us a textIn this week's episode we discuss one CAAF case, one N-MCCA case, and the reversing the script on MRE 404(b). The CAAF case is United States v. Patterson, where CAAF declines to second guess the AFCCA on factual sufficiency because it is statutorily restricted to reviewing questions of law. The N-MCCA case has several issues, including the permissive inference in a no-BCD SPCM, the Confrontation Clause, and the Constitutionality of a mandatory no-BCD SPCM in a drug case. We then hear from Raquel Muscioni on utilizing M.R.E. 404(b) to prove up mot...
2025-07-2540 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 53: United States v. Valentin-Andino (C.A.A.F. 2025)CAAF Chats is back! This week we examine what meaningful relief looks like during appellate review, and whether meaningful relief is even required. CAAF continues its trend of interpreting statutory changes to the UCMJ.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department...
2025-05-0720 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 53: United States v. Valentin-Andino (C.A.A.F. 2025)CAAF Chats is back! This week we examine what meaningful relief looks like during appellate review, and whether meaningful relief is even required. CAAF continues its trend of interpreting statutory changes to the UCMJ.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department...
2025-05-0720 minLitigator Libations86 - United States v. Caswell and Public TrialsSend us a textIn this episode we discuss United States v. Caswell, where the Air Force Court of Criminal Appeals declined to follow the bench book and CAAF precedent, because it found that by moving the offense of unlawful possession of a concealed dangerous weapon from Article 134 to Article 114, the nature of the offense changed to put more onus on the unlawfulness element. Therefore, it declined to apply the "permissive inference" that previously allowed the factfinder to infer unlawfulness based solely on evidence the weapon was concealed. We then shift gears and talk about an upcoming CAAF...
2025-05-0233 minLitigator Libations84 - United States v. Greene-Watson and the Marital PrivilegesSend us a textThis week we discuss the CAAF case of United States v. Greene-Watson, which is another case addressing Military Rule of Evidence 404(b) and the very thin line between common scheme or plan and propensity under CAAF's recent case law. We also here from contributor Captain Jeffrey Critchlow on the history, evolution, and current state of the law regarding the spousal communication privilege.
2025-04-0438 minLitigator Libations80 - United States v. Shelby; Firearm Prohibitions; and Meaningful MitigationSend us a textIn this episode we discuss the CAAF case of United States v. Shelby, which was an Article 62 appeal of the military judge dismissing an abusive sexual contact charge with prejudice. The CAAF held that the military judge abused his discretion by applying the cumulative error doctrine at the trial level. We then pass on a hot take from Captain Riley Vann, who educated me on the Boyfriend Loophole to firearm prohibitions upon conviction of a misdemeanor crime of domestic violence. Finally, we once again here from Lt Col Mouakar who provides an excellent dis...
2025-02-0731 minLitigator Libations77 - United States v. Wells and Child WitnessesSend us a textHappy Holidays! Today's episode discusses the recent CAAF case of United States v. Wells, where Airman Wells asserted that Clause 2 of Article 134 (acts made criminal where they act is of a nature to bring discredit upon the armed serves) is unconstitutionally void for vagueness. The CAAF found the Clause constitutional and re-iterated that the government is not required to prove that anyone knew of the conduct or that it actually impacted any person's opinion of the armed services. Because the CAAF relies on Parker v. Levy for the constitutionality of Article 134, I take a d...
2024-12-2741 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 50: United States v. Leipart (C.A.A.F. 2024)This week we discuss CAAF’s latest opinion concerning the role the providence inquiry fits into a mixed plea. Also, we discuss CAAF’s holding concerning whether defense counsel are ineffective when they fail to object to improper use of the providence inquiry.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Depar...
2024-11-2020 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 50: United States v. Leipart (C.A.A.F. 2024)This week we discuss CAAF’s latest opinion concerning the role the providence inquiry fits into a mixed plea. Also, we discuss CAAF’s holding concerning whether defense counsel are ineffective when they fail to object to improper use of the providence inquiry.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Depar...
2024-11-2020 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 47: United States v. Mendoza (C.A.A.F. 2024)This week we dive into CAAF’s latest opinion on Article 120. Specifically, we examine the role “without consent” and “substantial incapacitation” play in the UCMJ’s statutory scheme. This is an important episode for all military justice practitioners as they embark on charging and defending sexual assault charges.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (C...
2024-10-1624 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 47: United States v. Mendoza (C.A.A.F. 2024)This week we dive into CAAF’s latest opinion on Article 120. Specifically, we examine the role “without consent” and “substantial incapacitation” play in the UCMJ’s statutory scheme. This is an important episode for all military justice practitioners as they embark on charging and defending sexual assault charges.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (C...
2024-10-1624 min
Conduct Unbecoming: A Military True Crime Podcast048 United States v. Hirst At work, I have a little white board where I can see at a glance where all of my projects are - it's not entirely dissimilar to the surgery board in Grey's Anatomy, except my projects are not life or death and don't require nearly so much room. It's color coded, and I'm acutely aware when any one task is hanging out longer than it should be. I think, given my work organizational skills, I'd be excellent at maintaining a chain of evidence. Fortunately, or unfortunately, for Gunnery Sergeant Hirst, his substance abuse control officer did not...
2024-10-1528 minLitigator Libations71 - United States v. Strong and Undue InfluenceSend us a textIn today's episode we discuss the CAAF decision in United States v. Strong, where CAAF creates a new definition of "seize" applicable only to electronic data for the offense of Prevention of Authorized Seizure of Property, Article 131e, UCMJ. We then hear from Captain Fredericks on Article 37, UCMJ, Unlawful Influence.
2024-10-0427 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 45: United States v. Swisher (C.A.A.F. 2024)This week we examine a unique CAAF case examining the correct appellate standard for sentence appropriateness. Swisher examines what a closely related case is for purposes of this sentence appropriateness standard.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge A...
2024-10-0212 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 45: United States v. Swisher (C.A.A.F. 2024)This week we examine a unique CAAF case examining the correct appellate standard for sentence appropriateness. Swisher examines what a closely related case is for purposes of this sentence appropriateness standard.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge A...
2024-10-0212 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 44: United States v. Keago (C.A.A.F. 2024)This week we examine CAAF’s latest decision concerning implied bias and challenging a panel member for cause. Specifically, we discuss how a judge’s determination for implied bias is reviewed, what role the liberal grant mandate plays in the decision, and what practitioners can do to better shape/argue these challenges.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Sec...
2024-09-2627 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 44: United States v. Keago (C.A.A.F. 2024)This week we examine CAAF’s latest decision concerning implied bias and challenging a panel member for cause. Specifically, we discuss how a judge’s determination for implied bias is reviewed, what role the liberal grant mandate plays in the decision, and what practitioners can do to better shape/argue these challenges.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Sec...
2024-09-2627 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 43: United States v. Rocha (C.A.A.F. 2024)For this episode, we examine one of CAAF’s recent decisions interpreting Article 134. Specifically they analyze the concept of fair notice for a charge of indecent conduct.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Ce...
2024-09-1819 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 43: United States v. Rocha (C.A.A.F. 2024)For this episode, we examine one of CAAF’s recent decisions interpreting Article 134. Specifically they analyze the concept of fair notice for a charge of indecent conduct.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Ce...
2024-09-1819 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 42: United States v. Metz (C.A.A.F. 2024)After our two special episodes, we once again discuss one of CAAF’s latest opinions – United States v. Metz. In this episode we discuss when someone becomes a suspect for Article 31 purposes, and when evidence must be suppressed after a suspect is illegally apprehended (in the context of ineffective assistance of counsel).
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Sec...
2024-09-1119 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 42: United States v. Metz (C.A.A.F. 2024)After our two special episodes, we once again discuss one of CAAF’s latest opinions – United States v. Metz. In this episode we discuss when someone becomes a suspect for Article 31 purposes, and when evidence must be suppressed after a suspect is illegally apprehended (in the context of ineffective assistance of counsel).
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Sec...
2024-09-1119 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 40: Interview with CAAF Judge Liam HardyIn this special episode we are joined by the Honorable Liam Hardy, a current Judge on the Court of Appeals for the Armed Forces. He shares valuable insight on the practice of military justice – including helpful tips for practitioners at all levels.
Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
2024-08-2833 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 40: Interview with CAAF Judge Liam HardyIn this special episode we are joined by the Honorable Liam Hardy, a current Judge on the Court of Appeals for the Armed Forces. He shares valuable insight on the practice of military justice – including helpful tips for practitioners at all levels.
Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
2024-08-2833 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 39: U.S. v. Tapp & U.S. v. Armstrong (C.A.A.F. 2024)This episode examines two cases with very similar lessons for practitioners. Specifically, we examine the judicial disqualification rule under Rule for Court-Martial 902, and the caselaw surrounding prejudice. The CAAF highlights for practitioners yet again how important it is for practitioners to build a record.
Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
2024-08-1414 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 39: U.S. v. Tapp & U.S. v. Armstrong (C.A.A.F. 2024)This episode examines two cases with very similar lessons for practitioners. Specifically, we examine the judicial disqualification rule under Rule for Court-Martial 902, and the caselaw surrounding prejudice. The CAAF highlights for practitioners yet again how important it is for practitioners to build a record.
Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
2024-08-1414 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 38: U.S. v. Cole (C.A.A.F. 2024)In this episode we examine the role the providence inquiry plays in a guilty plea. The CAAF’s decision in Cole highlights the detail required from all practitioners to ensure guilty please survive appellate review.
Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
2024-07-2418 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 38: U.S. v. Cole (C.A.A.F. 2024)In this episode we examine the role the providence inquiry plays in a guilty plea. The CAAF’s decision in Cole highlights the detail required from all practitioners to ensure guilty please survive appellate review.
Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
2024-07-2418 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 37: U.S. v. Wilson (C.A.A.F. 2024)In this episode we examine Military Rule of Evidence 404(b). The CAAF’s opinion in U.S. v. Wilson provides excellent guidance for practitioners attempting to understand and utilize this rule in their trials.
Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
2024-07-1026 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 37: U.S. v. Wilson (C.A.A.F. 2024)In this episode we examine Military Rule of Evidence 404(b). The CAAF’s opinion in U.S. v. Wilson provides excellent guidance for practitioners attempting to understand and utilize this rule in their trials.
Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
2024-07-1026 minLitigator Libations67 - US v Keago, US v Metz, Smith v Arizona, and US v. RahimiSend us a textIt is Case-A-Palooza! In this episode we discuss two CAAF cases and then quickly touch on two SCOTUS cases. United States v. Keago is a CAAF opinion holding that a military judge abused her discretion by failing to grant two defense challenges for cause at voir dire. It preserves the liberal grant mandate and provides helpful guidance to defenders. United States v. Metz holds that law enforcement agents did not believe, nor should they have reasonably believed, that Corporal Metz was a suspect in need of rights advisement despite going to his barracks to i...
2024-06-2841 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 36: In re B.M. (C.A.A.F. 2024)In this episode of CAAF Chats, we examine CAAF’s latest opinion concerning their jurisdiction to hear appeals brought by crime victims. Specifically, this case clarifies who has standing to appeal a ruling by a military judge.
Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
2024-06-2726 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 36: In re B.M. (C.A.A.F. 2024)In this episode of CAAF Chats, we examine CAAF’s latest opinion concerning their jurisdiction to hear appeals brought by crime victims. Specifically, this case clarifies who has standing to appeal a ruling by a military judge.
Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
2024-06-2726 min
Mas e se?#82- Ditadura e empresas (com Elaine Bortone, Marina Camisasca e Tayara Lemos)No ano em que o Golpe Militar de 1964 completa 60 anos, o episódio de hoje será sobre mais uma peça do quebra cabeça de nosso passado autoritário: a cumplicidade de empresas com regime militar e suas respectivas responsabilidades por violações de direitos humanos naquele período.
Para esse episódio, contamos com as pesquisadoras diretamente envolvidas no relatório elaborado pela Universidade Federal de São Paulo e o Centro de Antropologia e Arquelogia Forense (CAAF): Elaine Bortone, Marina Camisasca e Tayara Lemos.
Pega os fones e vamos de play!
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2024-06-152h 04Litigator Libations66 - US v Cole, US v. Moore, and Article 58aSend us a textIn this (lengthy) episode we discuss the recent CAAF case of United States v. Cole, where the CAAF set aside the sentence because it was far from clear whether the military judge was punishing A1C Cole for the crime he pled guilty to, or the more serious crime that the military judge described. We also discuss a second case that also busts a guilty plea. In United States v. Moore, the NMCCA set aside findings and sentence based on evidence the government put on in sentencing that cast significant doubt as to th...
2024-06-1442 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 35: U.S. v. Palik (C.A.A.F 2024)In this episode, we discuss CAAF's decision in United States v. Palik. This case discusses the standard for ineffective assistance of counsel and Rule for Courts-Martial 914 - providing analysis for when to file this type of motion. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
2024-05-2218 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 35: U.S. v. Palik (C.A.A.F 2024)In this episode, we discuss CAAF's decision in United States v. Palik. This case discusses the standard for ineffective assistance of counsel and Rule for Courts-Martial 914 - providing analysis for when to file this type of motion. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
2024-05-2218 minLitigator Libations64 - US v. Rocha and Breaking Down the ChargesSend us a textIn this episode we discuss the recent case of United States v. Rocha, where the CAAF reversed the Air Force Court of Criminal Appeals, which found that the enumerated Article 134 offense of Indecent Conduct, did not put Airman Rocha on notice that masturbating with a sex doll with childlike characteristics was a crime. CAAF says it did. We then hear from Lt Col Allen Abrams who provides a six step analysis on how defenders can analyze and attack the specification drafted by the government.
2024-05-1742 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 34: U.S. v. Flores (C.A.A.F 2024)In this episode, we discuss CAAF's decision in United States v. Flores. This case examines sentence appropriateness review under the new sentencing procedures established by the Military Justice Act of 2016. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
2024-05-0114 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 34: U.S. v. Flores (C.A.A.F 2024)In this episode, we discuss CAAF's decision in United States v. Flores. This case examines sentence appropriateness review under the new sentencing procedures established by the Military Justice Act of 2016. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
2024-05-0114 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 33: U.S. v. Driskill (C.A.A.F 2024)In this episode, we discuss CAAF's decision in United States v. Driskill. This case examines Double Jeopardy and its application to offenses charged under Article 134. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
2024-04-1122 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 33: U.S. v. Driskill (C.A.A.F 2024)In this episode, we discuss CAAF's decision in United States v. Driskill. This case examines Double Jeopardy and its application to offenses charged under Article 134. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
2024-04-1122 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 32: U.S. v. Ramirez (C.A.A.F 2024)In this episode, we discuss CAAF's decision in United States v. Ramirez. Specifically, we examine when a military judge must allow questions concerning racial bias during voir dire - while discussing voir dire and bias generally. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
2024-03-2018 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 32: U.S. v. Ramirez (C.A.A.F 2024)In this episode, we discuss CAAF's decision in United States v. Ramirez. Specifically, we examine when a military judge must allow questions concerning racial bias during voir dire - while discussing voir dire and bias generally. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
2024-03-2018 min
Mind7#228 Achievers #8 - Tiago Coelho CAAFDiretor Geral da Academia CAAF Atlântico, treinador de futebol e ex-jogador de futebol.
A visão de quem está à frente de um projeto inovador em Portugal.
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Mind7 é um Podcast que fala sobre vários temas relacionados à mentalidade de Alta Performance. Tanto no contexto desportivo como nas empresas.
O título é inspirado na coleção de livro Mind7 (como por exemplo o livro "Mind7 de Alteta") da mesma autora - Nádia Tavares, Psicóloga do Desporto e Performance
Contacto:
www.dreamachieve.p...
2024-03-1230 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 31: U.S. v. Warda (C.A.A.F 2023)In this episode, we discuss CAAF's decision in United States v. Warda. Here, the CAAF examines the remedy when the Government is unable to produce documents required by Rule for Courts-Martial 703. The Court provides rules for practitioners concerning their discovery obligations. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
2024-03-0822 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 31: U.S. v. Warda (C.A.A.F 2023)In this episode, we discuss CAAF's decision in United States v. Warda. Here, the CAAF examines the remedy when the Government is unable to produce documents required by Rule for Courts-Martial 703. The Court provides rules for practitioners concerning their discovery obligations. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
2024-03-0822 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 30: U.S. v. Brown (C.A.A.F 2024)In this episode, we discuss CAAF's decision in United States v. Brown. Specifically, we examine CAAF's view of Part IV of the Manual for Courts-Marital and what constitutes "presence" for disrespect of a noncommissioned officer. 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)
2024-02-2231 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 30: U.S. v. Brown (C.A.A.F 2024)In this episode, we discuss CAAF's decision in United States v. Brown. Specifically, we examine CAAF's view of Part IV of the Manual for Courts-Marital and what constitutes "presence" for disrespect of a noncommissioned officer. 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)
2024-02-2231 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 29: U.S. v. Gilmet (C.A.A.F 2023)In this episode, we examine CAAF’s latest case concerning unlawful command influence. Specifically, we examine the difference between actual and apparent unlawful command influence, and the influence that judge advocates can have on the system. 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)
2024-02-0724 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 29: U.S. v. Gilmet (C.A.A.F 2023)In this episode, we examine CAAF’s latest case concerning unlawful command influence. Specifically, we examine the difference between actual and apparent unlawful command influence, and the influence that judge advocates can have on the system. 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)
2024-02-0724 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 28: U.S. v. Jeter (C.A.A.F 2023)In this episode, we examine CAAF’s analysis concerning when an accused makes a prima facie (pronounced pree-muh fah-shuh according to the majority of the criminal law department) showing that race played a role in the panel selection process at their court martial, whether that panel was properly constituted. The Court weighed their previous precedent which allowed a race conscious selection process for the purpose of inclusion in contrast with the Supreme Court’s ruling in US v Batson which said “race is an impermissible criterion for selection of jurors.” This case is very important for judge advocates to understand as they...
2024-01-2422 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 28: U.S. v. Jeter (C.A.A.F 2023)In this episode, we examine CAAF’s analysis concerning when an accused makes a prima facie (pronounced pree-muh fah-shuh according to the majority of the criminal law department) showing that race played a role in the panel selection process at their court martial, whether that panel was properly constituted. The Court weighed their previous precedent which allowed a race conscious selection process for the purpose of inclusion in contrast with the Supreme Court’s ruling in US v Batson which said “race is an impermissible criterion for selection of jurors.” This case is very important for judge advocates to understand as they...
2024-01-2422 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 27: United States v. Smith (C.A.A.F 2023)In this episode we examine CAAF's analysis concerning how and when a statement qualifies under the excited utterance exception to the hearsay rules and whether appellant's conviction is legally sufficient.
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)
2023-12-1317 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 27: United States v. Smith (C.A.A.F 2023)In this episode we examine CAAF's analysis concerning how and when a statement qualifies under the excited utterance exception to the hearsay rules and whether appellant's conviction is legally sufficient.
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)
2023-12-1317 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 26: United States v. Hasan (C.A.A.F 2023) (Part 3)In this final part, we conclude our analysis of the CAAF's decision in United States v. Hasan. This episode addresses the SJA's role in providing Article 34 advice, ACCA's decision to not recuse itself, and MAJ Hasan's continued self representation during the post-trial phase. 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)
2023-11-2929 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 26: United States v. Hasan (C.A.A.F 2023) (Part 3)In this final part, we conclude our analysis of the CAAF's decision in United States v. Hasan. This episode addresses the SJA's role in providing Article 34 advice, ACCA's decision to not recuse itself, and MAJ Hasan's continued self representation during the post-trial phase. 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)
2023-11-2929 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 25: United States v. Hasan (C.A.A.F 2023) (Part 2)In this second of a three parts, we continue our analysis of the CAAF's decision in United States v. Hasan. This episode addresses whether the military judge has a duty to excuse a panel member for cause and the constitutionality of Article 45(b) of the 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)
2023-11-1530 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 25: United States v. Hasan (C.A.A.F 2023) (Part 2)In this second of a three parts, we continue our analysis of the CAAF's decision in United States v. Hasan. This episode addresses whether the military judge has a duty to excuse a panel member for cause and the constitutionality of Article 45(b) of the 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)
2023-11-1530 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 24: United States v. Hasan (C.A.A.F 2023) (Part 1)In this first of a three parts, we examine the the CAAF's decision in United States v. Hasan. This episode addresses the history of this case, and explains the CAAF's opinion addressing MAJ Hasan's decision to represent himself and the Military Judge's decision to close a portion of the trial to the public. 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)
2023-11-0130 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 24: United States v. Hasan (C.A.A.F 2023) (Part 1)In this first of a three parts, we examine the the CAAF's decision in United States v. Hasan. This episode addresses the history of this case, and explains the CAAF's opinion addressing MAJ Hasan's decision to represent himself and the Military Judge's decision to close a portion of the trial to the public. 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)
2023-11-0130 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 22: Fink v. Y.B. and U.S. & M.W. v. U.S. (C.A.A.F 2023)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)
2023-10-1228 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 23: Fink v. Y.B. and U.S. & M.W. v. U.S. (C.A.A.F 2023)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)
2023-10-1228 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 22: U.S. v. Anderson (C.A.A.F 2023)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)
2023-09-2727 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 22: U.S. v. Anderson (C.A.A.F 2023)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)
2023-09-2727 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 21: U.S v. Mays (C.A.A.F 2023)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)
2023-09-1519 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 21: U.S v. Mays (C.A.A.F 2023)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)
2023-09-1519 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 20: U.S. v. Pullings (C.A.A.F. 2023)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)
2023-08-3016 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep Ep 20: U.S. v. Pullings (C.A.A.F. 2023)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)
2023-08-3016 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 19 – US v Kim (CAAF 2023)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)
2023-08-1616 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 19 – US v Kim (CAAF 2023)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)
2023-08-1616 minLitigator Libations47 - US v Anderson; US v Smith; and The Clergy PrivilegeSend us a textThis is the last episode for Season 2 of Litigator Libations! In this week's episode I discuss two recent cases from the Court of Appeals for the Armed Forces. Specifically, United States v. Anderson, where CAAF rejects the arguments in favor or requiring unanimous verdicts at courts-martial and United States v. Smith, where CAAF stretches the excited utterance hearsay exception to cover epiphanies. We then turn to Major Allen Abrams who discusses the Clergy privilege by not only explaining the rule, but giving great advice on how the rules applies to clients and other wit...
2023-07-2146 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 18: U.S. v. Lattin & U.S. v. Shields, XX MJ XXX (C.A.A.F. 2023)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)
2023-07-2022 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 18: U.S. v. Lattin & U.S. v. Shields, XX MJ XXX (C.A.A.F. 2023)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)
2023-07-2022 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 18: U.S. v. Lattin & U.S. v. Shields, XX MJ XXX (C.A.A.F. 2023)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)
2023-07-1900 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 17: U.S. v. Witt, XX MJ XXX (C.A.A.F. 2023)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)
2023-07-0516 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 17: U.S. v. Witt, XX MJ XXX (C.A.A.F. 2023)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)
2023-07-0516 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 15: U.S. v. McAlhaney, XX MJ XXX (C.A.A.F. 2023)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)
2023-05-2410 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 15: U.S. v. McAlhaney, XX MJ XXX (C.A.A.F. 2023)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)
2023-05-2410 min
Conduct Unbecoming: A Military True Crime Podcast008 United States v. Herrmann You might imagine that the sound of freefall is relatively quiet. Being 2 miles above the birds, traffic noises, and other day-to-day auditory interruptions, all you hear is the sound of the wind rushing past you as you reapproach the earth. It's in that moment when you open your parachute and you experience lift that the world finally goes quiet. Sergeant Herrmann was tasked with inspecting parachutes and ensuring that, if someone's main parachute failed, the reserve chutes worn by paratroopers would work… their last line of defense against gravity. It's a potentially life or...
2023-04-0438 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 9: U.S. v. Pyron, xx M.J. xxx (C.A.A.F. 2023)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.
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2023-03-0723 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 9: U.S. v. Pyron, xx M.J. xxx (C.A.A.F. 2023)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.
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2023-03-0723 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 9: U.S. v. Pyron, xx M.J. xxx (C.A.A.F. 2023)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.
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2023-03-0100 minThe Quill & SwordThe Quill & Sword | CAAF Chats Ep 3: US v. Hiser, 82 M.J. 60 (C.A.A.F. 2022)This case offers the first CAAF analysis of the (relatively) new Article 117a offense.
2022-12-2013 minCriminal Law Department PresentsCriminal Law Department Presents – CAAF Chats Ep 3: US v. Hiser, 82 M.J. 60 (C.A.A.F. 2022)This case offers the first CAAF analysis of the (relatively) new Article 117a offense.
2022-12-0813 minLitigator LibationsUnited States v Moratalla and Excited UtterancesSend us a textThis episode discusses the first opinion of the term from CAAF - US v Moratalla, where CAAF demonstrates that criminal law attorneys do not understand secured transactions. The episode then goes on to discuss the often abused hearsay exception - excited utterances. Happy listening!
2022-01-1421 min
1049 - CAAF|Unifesp#1- Produção de dados e Violência de Estado no RJNo 1º ep. da segunda temporada do 1049 conversamos com Daniel Hirata (professor de sociologia e coordenador do Grupo de Estudos dos Novos Ilegalismos da Universidade Federal Fluminense - GENI/UFF) e o Fransérgio Goulart (Historiador, coordenador executivo da Iniciativa Direito à Memória e Justiça Racial - IDMJR/Baixada Fluminense-RJ) a respeito do trabalho que ambos fazem nestas instituições.
Além disso, o papo também discute o contexto da Baixada Fluminense, as especificidades desse lugar e o que é uma operação policial, palavra que constantemente escutamos, especialmente no RJ, mas será que sabemos realmente o que significa...
2021-10-061h 07
1049 - CAAF|UnifespEpisódio 0: Entrevista com o Professor Edson TelesNo episódio piloto do Podcast 1049, convidamos o Prof Dr. Edson Teles, professor de Filosofia Política na Universidade Federal de São Paulo - UNIFESP, coordenador do Centro de Antropologia e Arqueologia Forense - CAAF UNIFESP e militante da Comissão de Familiares de Mortos e Desaparecidos Políticos da Ditadura. Falamos sobre a sua trajetória política e de pesquisa, a conjuntura do Brasil dentro de um contexto latinoamericano de violência de Estado, disputas de memória a respeito dos anos de Ditadura, sua posição de coordenador do CAAF UNIFESP e as expectativas a partir dess...
2020-10-0824 min
Gridiron GalleryEpisode 40: Aaron Ellis - American Football Leagues in Europe During the COVID-19 PandemicCOVID-19 has affected sports worldwide, including in Europe where American Football leagues have suspended their seasons as well. We check in with Aaron to give us an update on his situation in the CAAF with the Ostrava Steelers, how the European travel ban affects players, and what he expected will happen if the CAAF is to kick off in the summer.
2020-03-1927 min
Gridiron GalleryEpisode 40: Aaron Ellis - American Football Leagues in Europe During the COVID-19 PandemicCOVID-19 has affected sports worldwide, including in Europe where American Football leagues have suspended their seasons as well. We check in with Aaron to give us an update on his situation in the CAAF with the Ostrava Steelers, how the European travel ban affects players, and what he expected will happen if the CAAF is to kick off in the summer.
2020-03-1927 min
Guilhotina | Le Monde Diplomatique BrasilGuilhotina #44 – Edson Teles
Há uma linha clara que liga as mortes e torturas cometidas pela ditadura militar nos anos 1960 e 1970 e o assassinato pela polícia de cerca de 600 pessoas da periferia de São Paulo e na Baixada Santista em 2006, no episódio conhecido como Crimes de Maio. Essa conexão está sendo evidenciada pelo trabalho do convidado deste episódio do Guilhotina, o professor Edson Teles. Autor de diversos livros, dentre eles o mais recente é “O abismo na história” (http://bit.ly/abismo-na-historia), e militante da Comissão de Familiares de Mortos e Desaparecidos Políticos da Ditadura, ele coordena desde...
2019-10-241h 22