tag:blogger.com,1999:blog-34853720.post7244699862138482990..comments2023-08-24T10:39:23.460-04:00Comments on CAAFlog: CAAF signals interest in member challenge caseDwight Sullivanhttp://www.blogger.com/profile/11657981110237418710noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-34853720.post-85606902452135969892008-07-28T06:53:00.000-04:002008-07-28T06:53:00.000-04:00Trial judges should never, ever worry about losing...Trial judges should never, ever worry about losing quorum. I would guess it takes about an hour to get a few new members - although they may not be in the proper uniform for the first day. That hour or two delay beats having to try the case again five years later. Rule No. 1 for trial judges should always be conscience over convenience.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-61271493741215222592008-07-26T20:28:00.000-04:002008-07-26T20:28:00.000-04:00If AFCCA's opinion is going to survive any scrutin...If AFCCA's opinion is going to survive any scrutiny, it's logic is going to have to survive a different set of facts:<BR/><BR/>Lt Col D: Drug use is a victimless "crime." I cannot imagine any drug use that would merit any punishment at all, even in a military context.<BR/><BR/>MJ: Legally, you have to at least consider the full range of punishments.<BR/><BR/>Lt Col D: OK, I'll consider the full range.<BR/><BR/>Or, to put a sharper point on it:<BR/>Lt Col D: The gov't should never be in the business of killing people, even heinous criminals convicted of heinous crimes.<BR/>MJ: Legally, you have to at least consider the death penalty.<BR/>Lt Col D: OK, I'll consider the death penalty.<BR/><BR/>Does anyone really think that AFCCA would have reached the same decision on these pro-defense facts? Fat chance. (Yes, I know, the gov't cannot appeal on this. It's a thought experiment, play along.)<BR/><BR/>I will say, from my personal observations as a trial-level counsel in military and civilian courts, I'd take a military jury any day of the week over a civilian jury. But the selection process in the military could stand some improvement. The current system drives MJs and appellate courts to find ways to ratify the original panel rather than put the CA to the inconvenience of finding a few additional potential members.Cloudesley Shovellhttps://www.blogger.com/profile/13344314546798687667noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-59052949006253044762008-07-26T20:23:00.000-04:002008-07-26T20:23:00.000-04:00CAAFlog may be right as to what the Court's order ...CAAFlog may be right as to what the Court's order signals, but an equally good hypothesis is that the Court is concerned about misuse of the 10-day letter option.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-84890454997358135582008-07-26T00:31:00.000-04:002008-07-26T00:31:00.000-04:00So there's some hope for my case to be petitioned ...So there's some hope for my case to be petitioned next week?Phil Cavehttps://www.blogger.com/profile/14474250926717405497noreply@blogger.com