Friday, March 20, 2009

New published ACCA decision - Updated

ACCA issued a new published decision dated yesterday, United States v. Savage, No. 20060167, which is available on its web site, here. (I don't seem to be able to paste in a link location on this computer, sorry!--Done) I'll post about it over the weekend once I'm home following tonight's redeye flight back to the Mainland.

Update: Here is a summary of the claims that ACCA denies. As the case involves Navarcolepsy I thought I'd at least add that this one is a real sleeper.
These three assignments of error relate directly or indirectly to appellant’sclaim that, at the time he stabbed the victim, he was asleep due to a sleep disorder called parasomnia. Appellant’s parasomniac explanation is relevant to the factual and legal sufficiency of the evidence and also implicates appellant’s privilege to prohibit disclosure and use of statements made during a mental health evaluation ordered pursuant to Rule for Courts-Martial (R.C.M.) 706. We must determine when it is appropriate for defense counsel to disclose such statements and how the government can use the statements at trial to rebut a claim that a crime occurred during a parasomniac episode.
I'll leave a summary of how to CAAFlog.

1 comment:

Anonymous said...

Safe travels.