Monday, November 10, 2008

Grant, grant, grant

Today's CAAF Daily Journal update included four grants, one of which we already discussed here. Let's note the other three.

Grant 1:

WHETHER THE ARMY COURT ERRED WHEN IT FOUND THE MILITARY JUDGE'S ERRONEOUS ADMISSIONS OF EVIDENCE HARMLESS BEYOND A REASONABLE DOUBT.

United States v. Garndinier, __ M.J. ___, No. 06-0591/AR (C.A.A.F. Nov. 6, 2008). Gardinier is making a return trip to CAAF. See United States v. Gardinier, 65 M.J. 60 (C.A.A.F. 2007). The unpublished ACCA case that this seeks to review is available here.

Grant 2:

WHETHER THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED BY AFFIRMING A FINDING OF GUILTY OF COMMUNICATING INDECENT LANGUAGE WHERE THE STAFF JUDGE ADVOCATE'S RECOMMENDATION AND THE COURT-MARTIAL PROMULGATING ORDER STATED THE OFFENSE AS ATTEMPTED COMMUNICATION OF INDECENT LANGUAGE. SEE UNITED STATES v. DIAZ, 40 M.J. 335 (C.M.A. 1994).

United States v. Thomas, __ M.J. ___, No. 08-0738/NA (C.A.A.F. Nov. 6, 2008). NMCCA's unpublished decision isn't available on its web site, but I've posted it here. United States v. Thomas, No. NMCCA 200700858 (N-M. Ct. Crim. App. May 27, 2008).

Grant 3:

WHETHER APPELLANT'S PLEAS TO ALL CHARGES AND SPECIFICATIONS WERE IMPROVIDENT BECAUSE THE MILITARY JUDGE DID NOT EXPLAIN OR DISCUSS THE DEFENSE OF LACK OF MENTAL RESPONSIBILITY, DID NOT SATISFY HIMSELF THAT COUNSEL HAD EVALUATED THE VIABILITY OF THE DEFENSE, AND DID NOT ELICIT FACTS FROM APPELLANT THAT NEGATED THE DEFENSE.

United States v. Riddle, __ M.J. ___, No. 08-0739/AR (C.A.A.F. Nov. 6, 2008). I can't find an electronic copy of ACCA's opinion. Army Lurker, do you have it?

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