Donald G Rehkopf, Jr.
7/25/2023 15:02:15
Part II of the decision pertaining to the Recusal issue, is actually quite restrained.
Scott
7/25/2023 18:20:15
Wow, so where does the case go from here?
Brenner Fissell
7/25/2023 19:02:29
"Consequently, the judgment of the military judge regarding the plaintiff’s court-martial is rendered void."
Greg
7/26/2023 10:38:07
If the MJ’s judgment was vacated, and that judgment was a sentence including that Bergdahl be discharged from the Army, what effect if any does that have on the fact of Bergdahl’s discharge itself?
Scott
7/26/2023 11:58:54
And the guilty plea. Does it have to be renegotiated? A new decision on preferral/referral?
Tami a/k/a Princess Leia
7/26/2023 12:09:40
I would say the Government would have to start over from scratch with a new preferral. The problem is jeopardy attached and terminated once the military appeals ended.
Allan
7/27/2023 10:33:50
My guess is that, absent an appeal, the case reverts to the status it was in the day that the conflict of interest began. . . October 16, 2017. It seems as though Bergdahl's DD will be rescinded, and he will get back pay and benefits. I have no idea whether the Army will retry the case. My guess would be that it will.
William Cassara
7/27/2023 10:45:24
He only gets back pay and benefits if he is retried and acquitted, or if he is not retried.
Brenner Fissell
7/27/2023 16:35:50
Bill--is that a statutory rule?
Scott
7/27/2023 18:58:56
Right, if he is re-tried and re-convicted he would not get backpack and benefits.
Publius
7/27/2023 10:02:36
Interesting opinion.
Tami a/k/a Princess Leia
7/27/2023 21:13:50
@Brenner, it's in the DOD Financial Management Regulation.
William Cassara
7/28/2023 10:11:32
It's a Finance Regulations. See, U.S. v. Dock, a Court of Claims case from 20 or so years 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
SCOTUS CAAF -Daily Journal -2024 Ops ACCA AFCCA CGCCA NMCCA JRAP JRTP UCMJ Amendments to UCMJ Since 1950 (2024 ed.) Amendments to RCM Since 1984 (2024 ed.) Amendments to MRE Since 1984 (2024 ed.) MCM 2024 MCM 2023 MCM 2019 MCM 2016 MCM 2012 MCM 1995 UMCJ History Global Reform Army Lawyer JAG Reporter Army Crim. L. Deskbook J. App. Prac. & Pro. CAAFlog 1.0 CAAFlog 2.0 Archives
October 2024
Categories
All
|