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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.

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