Rocha?

4/2/2025

Can anyone confirm if TJAG has certified Rocha to CAAF? Rocha is an important decision about substantive due process in the military justice system. It involved the possession of a child-like sex doll in a military dorm.

Scott

4/2/2025 20:28:04

Does anyone know: what is the most times a single case has been TJAG certified? Would a second cert in Rocha be a record?

Brenner Fissell

4/2/2025 22:19:02

My wishlist (never happening): overrule Marcum and create a comprehensible test for how the privacy cases apply.

Scott

5/6/2025 16:39:34

Certificates for Review Filed

No. 25-0157/AF. U.S. v. Zachary C. Rocha. CCA 40134. Notice is hereby given that a certificate for review of the decision of the United States Air Force Court of Criminal Appeals was filed under Rule 22 on date on the following issues:

I. DID THE AIR FORCE COURT OF CRIMINAL APPEALS FAIL TO FOLLOW THIS COURT'S REMAND INSTRUCTION BY ANALYZING THE PURPORTED LAWRENCE V. TEXAS, 539 U.S. 558 (2003), LIBERTY INTEREST AS "MASTURBATION IN SOLITUDE, IN SECRET, AND IN PRIVATE," INSTEAD OF "PRIVATELY ENGAG[ING] IN SEXUAL ACTIVITY WITH A CHILDLIKE SEX DOLL"?

II. DID THE AIR FORCE COURT OF CRIMINAL APPEALS ERR IN ITS APPLICATION OF LAWRENCE V. TEXAS, 539 U.S. 558 (2003) AND UNITED STATES V. MARCUM, 60 M.J. 198 (C.A.A.F. 2004) TO FIND APPELLEE'S CONVICTION FACTUALLY INSUFFICIENT?

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