Monday, November 19, 2007

Six new granted cases

CAAF's daily journal update has only made it through last Thursday. When the Friday update hits, it will reflect six new granted cases. Three of the six are Marine Corps cases. Two are Army cases and the final one is from the Coast Guard.

Two of the granted issues involve member challenge issues. Two of the cases involve staff judge advocates -- one challenging whether the staff judge advocate was disqualified and the other whether the SJA erred by failing to forward clemency materials to the CA. The Coast Guard case involves the admissibility of extrinsic evidence of misconduct.

The Maynard case from the Army is probably the most interesting of the six:

WHETHER THE MILITARY JUDGE COMMITTED PLAIN ERROR IN ALLOWING PANEL MEMBERS TO CONSIDER EVIDENCE OF APPELLANT'S ALLEGED ANTI-AMERICAN AND ANTI-WAR VIEWS AS AGGRAVATION EVIDENCE UNDER R.C.M. 1001(b)(4) TO THE OFFENSE OF ABSENCE WITHOUT LEAVE, THEREBY PREJUDICING APPELLANT'S SUBSTANTIAL RIGHTS.

United States v. Maynard, __ M.J. ___, No. 07-0647/AR (C.A.A.F. Nov. 16, 2007).

More later, NCAA basketball permitting.

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