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Today's update of CAAF's daily journal includes a new grant, which might actually fill CAAF's dance card for its first day of oral argument next term.
The issue granted in United States v. Brown, __ M.J. ___, No. 07-0286/AR (C.A.A.F. May 23, 2007) (order) is, "Whether the military judge erred by instructing the court members that they could convict appellant of indecent assault, the lesser-included offense of rape, without voting on each of three separate factual scenarios, which effectively constituted duplicitious pleading."
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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)
- UCMJ (as of 28 Jan 2008)
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- Supreme Court's web site
- The Reporter [Air Force]
- This Court-Martial Sentences You To . . . [blog]
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2007
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May
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- New grant
- You beat me, No Man
- Examining Military Rule of Evidence 414
- For Guert fans only (but that's everyone, right?)
- US v. Schroder: Justice and a Moonlight Sonata
- Big news day
- CAAFlog Talk, with Linda Richman returns
- New CAAF grant
- The Cossio watch
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- Resource alert
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- CAAF grants petition
- Do not go directly to CAAF; do not collect writ of...
- Stay denied in Lopez de Victoria
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- New CAAF opinion
- Professor Lichtman, the JO'C is on you
- CGCCA creates massive service split
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- Loss of former USDB Commandant
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- New published NMCCA opinion
- Interesting unpublished AFCCA opinion rejecting Ar...
- Schweitzer addendum
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- Stealth Schweitzer opinion
- Article 62 appeal appeal
- SCOTUS update update
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- May is Mathews month
- The Coast Guard Court returns
- Is mistake of fact as to age a possible defense in...
- New published ACCA decision in Article 62 appeal
- Resource alert
- Coast Guard Court continues to be anti-social
- New published AFCCA decision
- Another new CAAF opinion
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- Will 3-2 be the new 4-1?
- SCOTUS update: whoops; I goofed
- The Diaz case just won't die
- Adcock: a typo most foul and a slope too slippery ...
- New CAAF opinion
- CAAF is still in business
- Overlooked published NMCCA opinion
- Interesting Daily Journal entry
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3 comments:
"Duplicitous pleading"? As in cunning, deceitful? Or do they mean "duplicative" pleading?
R.C.M. 906(b)(5) uses the term "duplicitous" to refer to a specifiction that alleges two offenses: "(5) Severance of a duplicitous specification into two or more specifications." That rule's discussion adds: "Each specification may state only one offense. R.C.M. 307(c)(4). A duplicitous specification is one which alleges two or more separate offenses. Lesser included offenses (see Part IV, paragraph 2) are not separate, nor is a continuing offense involving several separate acts. The sole remedy for a duplicitous specification is severance of the specification into two or more specifications, each of which alleges a separate offense contained in the duplicitous specification. However, if the duplicitousness is combined with or results in other defects, such as misleading the accused, other remedies may be appropriate. See subsection (b)(3) of this rule. See also R.C.M. 907(B)(3)."
Duplicitousness - if you combine the JO'C devinition and the CAAFlog definition you have a spec that combines two or more unrelated acts in one that devrices you as to which one represents the true meaning of the spec. A bit like an ACLU attorney that is a Marine Colonel-just kidding. I think that is the misleading is the key to duplicitousness and the related issue of fatal variance.
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