tag:blogger.com,1999:blog-34853720.post2108952176586368347..comments2023-08-24T10:39:23.460-04:00Comments on CAAFlog: JO'C on CA ActionsDwight Sullivanhttp://www.blogger.com/profile/11657981110237418710noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-34853720.post-5878494291309907972007-10-26T06:52:00.000-04:002007-10-26T06:52:00.000-04:00Obviously. But many constitutional volations come ...Obviously. But many constitutional volations come about as a result of sloppy work, i.e. not wanting to take a few more minutes to get a search authorization, not accurately recording a request for counsel, etc.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-24563516923161790482007-10-25T20:13:00.000-04:002007-10-25T20:13:00.000-04:00Suppression of evidence is designed to deter const...Suppression of evidence is designed to deter constitutional violations, not mere sloppy work.John O'Connorhttps://www.blogger.com/profile/08014476389355562158noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-85256935303341541322007-10-25T17:05:00.000-04:002007-10-25T17:05:00.000-04:00I guess I view errors in this area in the same way...I guess I view errors in this area in the same way I view motions to suppress. That is, if the CAAF grants relief in these cases it is meant to deter sloppy work, much in the same way that suppression of evidence does.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-20737580009101328622007-10-24T07:00:00.000-04:002007-10-24T07:00:00.000-04:00Very nice article. Agree that US v. Wilson, 65 MJ...Very nice article. Agree that US v. Wilson, 65 MJ 140, was wrongly decided. Especially liked this clever comment:<BR/><BR/>"[T]he [CAAF] repeatedly has observed that 'the convening authority is an accused’s best hope for sentence relief.' While this observation by the CAAF was meant to convey that an accused’s best chance for sentence reduction is to convince the convening authority to grant clemency as part of his convening authority’s action, it has of late taken on a<BR/>completely different, ironic meaning. Because of the CAAF’s developing jurisprudence for construing convening authority actions, it can be said with at least some justification that an accused’s best hope for sentence relief is not that the convening authority will decide to grant clemency, but rather that drafting errors at the command level will cause the convening authority’s action to reflect approval of less of the sentence than the convening authority intended, with the CAAF only too happy to give effect to such a drafting error no matter how obvious."Anonymousnoreply@blogger.com