National Institute of Military Justice
  • Home
  • About
    • Officers
    • Board of Directors
    • Fellows
    • Staff
  • CAAFlog
  • Global Reform
  • Library
    • Amicus Briefs
    • Position Papers & Letters
    • Reports
    • Gazette
    • Miscellaneous
    • General Military Law
  • Links
    • State Codes
    • Non-DoD Organizations
    • Foreign Systems
  • Prizes
  • Contact Us
  • Home
  • About
    • Officers
    • Board of Directors
    • Fellows
    • Staff
  • CAAFlog
  • Global Reform
  • Library
    • Amicus Briefs
    • Position Papers & Letters
    • Reports
    • Gazette
    • Miscellaneous
    • General Military Law
  • Links
    • State Codes
    • Non-DoD Organizations
    • Foreign Systems
  • Prizes
  • Contact Us

CAAFlog

Court of Appeals for the Armed Forces

11/10/2022

1 Comment

 
No. 22-0234/AR. U.S. v. Byunggu Kim. CCA 20200689. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is granted on the following issues:
 
I.   WHETHER A GUILTY PLEA TO AN OFFENSE WAIVES A CHALLENGE THAT THE CONDUCT IS NOT A COGNIZABLE OFFENSE UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
 
II.  WHETHER, IN THIS CASE, INTERNET SEARCH QUERIES FOR "DRUGGED SLEEP" AND "RAPE SLEEP" ARE INDECENT CONDUCT; IN THE ALTERNATIVE, WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY FAILING TO ABIDE BY THE HEIGHTENED PLEA INQUIRY REQUIREMENTS UNDER UNITED STATES v. HARTMAN, 69 M.J. 467 (C.A.A.F. 2011).
1 Comment
D
11/12/2022 17:22:34

On the other hand some crimes wouldn't be fashionable for this kind of consideration:
http://www.ncdsv.org/images/VetLawRev_WayOffBaseArgumentAgainstIPVCasesInVetTreatmentCourts_2012.pdf

Under the current environment, it would be hard to get the chances of just a toss-up. A predisposition against seems more likely. It doesn't seem like it has to be this hard, much less requiring a pardon:

https://www.themarshallproject.org/2019/02/19/special-courts-for-veterans-languish

Either way, my personnel experience was that it was too little too late. Could have used some better advice. Like I said, shouldn't have been that hard.

Reply

Your comment will be posted after it is approved.


Leave a Reply.

    Disclaimer: Posts are the authors' personal opinions and do not reflect the position of any organization or government agency.
    Picture
    Co-editors:
    Phil Cave
    Brenner Fissell
    Links
    ​

    UCMJ
    CAAF
    -Daily Journal
    -Current Term Opinions
    ACCA
    AFCCA
    CGCCA
    NMCCA
    Joint R. App. Pro.
    Global Reform
    Army Lawyer
    JAG Reporter
    ​
    Army Crim. L. Deskbook

    CAAFlog 1.0
    CAAFlog 2.0

    Archives

    May 2023
    April 2023
    March 2023
    February 2023
    January 2023
    December 2022
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022

    Categories

    All
    ByTheNumbers
    Case2Watch
    CrimLaw
    Evidence
    Fed. Cts.
    Habeas Cases
    IHL/LOAC
    Legislation
    MilJust Transparency
    NewsOWeird
    Opinions ACCA
    Opinions-ACCA
    Opinions AFCCA
    Opinions CAAF
    Opinions CGCCA
    Opinions NMCCA
    Sentenciing
    Sex Off. Reg.
    Sexual Assault
    Supreme Court
    Unanimous Verdicts

    RSS Feed

Proudly powered by Weebly