United States v. Alsobrooks. The court finds the MJ erred in
United States v. Gloverstukes. An Article 62 appeal. The military judge had dismissed two allegations of assault because they failed to state an offense under Article 128b (DV). They did not expressly allege that appellant committed a "violent offense" against his intimate partner, they failed to state an offense. The specifications alleged: ACCA finds the MJ erred. See United States v. Heng, No. ARMY 20210404, 2022 CCA LEXIS 377 (A. Ct. Crim. App. Jun. 24, 2022) (unpub.) for a discussion of the maximum sentence for 128b v. 128.
Donald G Rehkopf, Jr.
2/15/2023 13:27:19
The Alsobrooks case is yet another missed opportunity to clarify a muddy outright legal fiction. MRE 803(2), the so-called "Excited Utterance" exception is nothing more than a legal fraud perpetuated by Prof. Wigmore a century ago. Comments are closed.
|
Disclaimer: Posts are the authors' personal opinions and do not reflect the position of any organization or government agency.
Co-editors:
Phil Cave Brenner Fissell Links
UCMJ CAAF -Daily Journal -Current Term Opinions ACCA AFCCA CGCCA NMCCA Joint R. App. Pro. UMCJ History Global Reform Army Lawyer JAG Reporter Army Crim. L. Deskbook CAAFlog 1.0 CAAFlog 2.0 Archives
September 2023
Categories
All
|