United States v. Askins

The Principle of Party Presentation and United States v. Askins (Part I)
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There is a lot to unpack in United States v. Askins. The Army TJAG certified a question concerning ACCA’s finding that some of the accused’s convictions were multiplicious. The Appellee/Cross-Appellant (Accused) has cross-petitioned CAAF to review ACCA’s holding that the United States was in a “time of war” such that the statute of limitations were tolled under Article 43(f), UCMJ. CAAF has not yet acted on the Accused’s cross-petition. But there’s another issue lurking in the record. It was raised in the Accused’s supplemental brief after oral argument, but the Accused has not asked CAAF to consider it as a separate assignment of error. Did ACCA violate the principle of party presentation?

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GOLF UNIFORM ECHO SIERRA TANGO post.

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