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In today's episode we discuss an interesting case from the Army Court of Criminal Appeals that involved successive courts-martial resulting in the ACCA dismissing the subsequent Charge and its Specification because the Convening Authority abused his discretion in not referring all known offenses to the original court-martial. The subsequent prosecution amounted prosecutorial overreach and, therefore, an unreasonable multiplication of charges. This gives us a chance to discuss multiplicity & UMC! We also hear from Major Samantha Golseth who gives excellent advice to defenders; encouraging them to pull the elements of the offenses as early as possible and how to best use them as you prepare for, and put on, your defense at court-martial.
By Sam Castanien & Trevor Ward5
1919 ratings
Send us a text
In today's episode we discuss an interesting case from the Army Court of Criminal Appeals that involved successive courts-martial resulting in the ACCA dismissing the subsequent Charge and its Specification because the Convening Authority abused his discretion in not referring all known offenses to the original court-martial. The subsequent prosecution amounted prosecutorial overreach and, therefore, an unreasonable multiplication of charges. This gives us a chance to discuss multiplicity & UMC! We also hear from Major Samantha Golseth who gives excellent advice to defenders; encouraging them to pull the elements of the offenses as early as possible and how to best use them as you prepare for, and put on, your defense at court-martial.

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