Monday, November 19, 2007

An SJA's handling of clemency matters

The granted issue in United States v. Travis, __ M.J. ___, No. 07-0482/MC (C.A.A.F. Nov. 16, 2007), is:

WHETHER THE COURT OF CRIMINAL APPEALS ERRED BY FINDING THAT APPELLANT WAS NOT PREJUDICED BY THE FAILURE OF THE STAFF JUDGE ADVOCATE TO FORWARD CLEMENCY MATTERS SUBMITTED BY APPELLANT TO THE CONVENING AUTHORITY PRIOR TO TAKING INITIAL ACTION AND BY FINDING THAT APPELLANT WAS NOT PREJUDICED WHEN THE STAFF JUDGE ADVOCATE HELD ONTO THE CLEMENCY MATTERS FOR OVER A YEAR BEFORE FORWARDING MATTERS TO THE CONVENING AUTHORITY.

The Navy-Marine Corps Court's unpublished opinion, which discusses this fact-intensive issue, is available here. United States v. Travis, No. NMCCA 200600519 (Feb. 27, 2007).

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