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

Navy-Marine Corps Court of Criminal Appeals

8/16/2022

0 Comments

 
United States v. Gilmet. MJ ruling reversed.
Appellant argues that the 2019 amendment to Article 37, UCMJ, eliminated apparent UCI as a basis for appellate relief. Effective 20 December 2019, the relevant new language in Article 37 states: “No finding or sentence of a court-martial may be held incorrect on the ground of a violation of this section [i.e., UCI] unless the vi olation materially prejudices the substantial rights of the accused.”We need not address whether the issue before this court involves a “finding or sentence of a court-martial,” as we find that, even if apparent UCI is still a viable basis for relief, there was no apparent UCI here. 
. . . 
​We expect that “an objective, disinterested observer” will likely find Col Sierra’s comments to Capt Tango highly disturbing. They were as shocking as they were incorrect. But it is that very demonstrable (and demonstrated) incorrectness that saves these proceedings from the appearance of UCI. The “facts and circumstances” in the present case include the evidence the Government provided to show that Col Sierra’s comments were patently untrue, as well as that Capt Tango had been selected for highly valued professional military training. If such an observer is “fully informed” of this evidence, any doubt as to the fairness of the proceeding becomes both unlikely and unreasonable. Thus, we conclude the military judge clearly erred in finding apparent UCI.
The issue of actual UCI focuses on how and why Appellee's defense counsel were removed from the case.
​The military judge ruled that Appellee’s loss of his IMC and ADC, both of whom had been on the case for over a year, demonstrated that the Government had not disproven any prejudicial effect of the alleged UCI. We disagree.
  • NMCCA finds no waiver of the "loss" of his defense counsel.
  • NMCCA determines a conflict of interest is good cause to release counsel under R.C.M. 505(f).
    • The conflict of interest here is purely subjective.
    • UCI was not the proximate cause of counsels' release.
MJ ruling vacated and remanded.
0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Disclaimer: Posts are the authors' personal views 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

    CAAFlog 1.0
    CAAFlog 2.0

    Archives

    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