United States v. JohnsonA difficult issue of judicial authority, but the bottom line is that For the reasons set forth below, we hold that this Court lacks authority to act upon a § 922 indication because no Court of Criminal Appeals has the authority to act upon that indication in the first instance. We also hold that remanding for the AFCCA to address the indication would be futile in this or any other case, because the very reason that this Court lacks authority to act upon the indication is that the AFCCA itself also lacks authority to act upon it. There are several trailer cases and several cases in which this issue is one of the granted issues.
6 Comments
Allan
6/30/2025 14:26:45
Assuming the servicemember believes SJA was in error, what now? File a 138 complaint? File a cause of action in federal district court against the SJA or DOJ (because they have the database of offenders)?
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Nathan Freeburg
7/1/2025 10:27:38
I had this happen once and we noticed it months later and got them to “fix” the STR. I would try federal district court as the most likely route for recourse.
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Of Course
7/6/2025 20:46:30
I see the AF Defense Appellate division has continued to bring forth borderline frivolous appeals. I bet they bring this to SCOTUS and present the taxpayers the bill all to allow convicted offenders to possess firearms.
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7/6/2025 21:28:27
Could this be avoided by not putting that information in the EoJ? Instead, give the accused a letter advising him/her of SOR and guns and such?
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Of Course
7/6/2025 21:43:27
It is essentially a separate addendum to the EoJ. - after the military judge’s signature. I think it’s a mode of practice responding to the Texas church shooting where the convicted offender was able to procure a weapon despite his court-martial conviction.
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