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Friday, January 26, 2007
New CAAF opinion
There is a new opinion on CAAF's web site -- United States v. Green, No. 06-0520/AR.
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Military justice research links
- 2008 Military Judges' Benchbook web site
- AFMAN 51-203, Records of Trial (1 Oct 1999)
- AFPD 51-2, Administration of Military Justice (7 Sep 1993)
- Air Force Instruction 51-201, Administration of Military Justice (21 Dec 07)
- Air Force Rules of Professional Conduct
- AR 27-10, Military Justice (16 Nov 2005)
- AR 27-26, Rules of Professional Conduct for Lawyers (1 May 1992)
- COMDTINST M5810.1D, Military Justice Manual (17 Aug 2000)
- Congressional Research Service, Statutory Interpretation: General Principles and Trends (March 30, 2006 ed.)
- Congressional Research Service, The Constitution of the United States of America, Analysis and Interpretation: Analysis of Cases Decided by the Supreme Court of the United States (2002) with 2006 supplement
- JAGINST 5803.1C, Professional Conduct of Attorneys Practicing Under the Cognizance and Supervision of the Judge Advocate General (9 Nov 04)
- JAGINST 5810.2A, Military Justice Regulations (17 Sep 93)
- JAGMAN, JAGINST 5800.7E (20 Jun 07)
- Law Library Microform Consortium, Military Law Collection
- LOC military law collection
- Manual for Courts-Martial (2008 ed.)
- Manual for Courts-Martial, United States (2005 ed.)
- Manual of the Judge Advocate General (JAGMAN), JAGINST 5800.7E (20 Jun 2007)
- Military Justice, Army Regulation 27-10 (16 Nov 2005)
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4 comments:
The whole exchange in Green about the Charlie Daniels song and the part about missing the commandment on adultery are priceless, but I agree with Judge Effron, not the stuff of reversal of a sentence. Does anyone know Judge Swan, and how do I get him to do stand up for our next command function?
I do know Bob Swann -- now retired. He was the same judge whose statements at a Bridging the Gap session led to sentence relief in United States v. McNutt, 62 M.J. 16 (C.A.A.F. 2005).
Judge Swann needed to follow the maxim of a judge I practiced in front of (God rest his soul): in judge-alone sentencing, sustain all defense objections, overrule all government objections, and say nothing that's not written in the Benchbook, which basically lets you do whatever you want on sentence without fear of appellate review.
Bob Swann is a good judge. He was not the world's most politically correct guy, and he spoke his mind, but he was fair and rational. Can't ask for much more.
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