tag:blogger.com,1999:blog-34853720.post361490604008170809..comments2023-08-24T10:39:23.460-04:00Comments on CAAFlog: Complicated but fascinating issueDwight Sullivanhttp://www.blogger.com/profile/11657981110237418710noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-34853720.post-26789545029703809892007-11-08T20:00:00.000-05:002007-11-08T20:00:00.000-05:00CAAFlog's description of this issue as "complicate...CAAFlog's description of this issue as "complicated" is right on.<BR/><BR/>To answer No Man's question, I would not find the actions of the parties to the court-martial particularly probative of the CA's intent because, frankly, I don't think anybody sitting in that court-martial has any particyular insight into the CA's thinking concerning composition of the court-martial.<BR/><BR/>If someone came forward with probative evidence that the final version of the convening order contained a scrivener's error, such that the members who showed up were the ones supposed to be detailed, I would tend to credit that.<BR/><BR/>My overarching thought, though admittedly tentative, is that an accused who didn't object to the composition of the court should not be permitted to lie low and then obtain relief on appeal if the trial goes badly. I would find that any error was waived. Somebody will probably tell me that this is a "jurisdictional" issues that can never be waived, but I'm not convinced of that no matter what the case law might or might not say.<BR/><BR/>But I will say that if the accused objected and the MJ pressed forward on the TC's statement that he "thought" an absent member had been excused, I'd reverse and make the government retry it in a millisecond.John O'Connorhttps://www.blogger.com/profile/08014476389355562158noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-59106616401051216662007-11-08T01:47:00.000-05:002007-11-08T01:47:00.000-05:00Would JO'C have a problem with AFCCA's use of "the...Would JO'C have a problem with AFCCA's use of "the conduct of the parties involved in the court-martial to see what their understanding was of the convening authority’s intent" in analyzing the convening order? Inquiring minds want to know. Like a CA action, the convening order is a unilateral document. Proabably the same answer either way, but like my calculus teacher told me, even the blind squirrel sometimes finds the nut, show your work Mr. [No Man]!Mike "No Man" Navarrehttps://www.blogger.com/profile/11434921480452541955noreply@blogger.com