In this second of a three parts, we continue our analysis of the CAAF's decision in United States v. Hasan. This episode addresses whether the military judge has a duty to excuse a panel member for cause and the constitutionality of Article 45(b) of the UCMJ.Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)

In this first of a three parts, we examine the the CAAF's decision in United States v. Hasan. This episode addresses the history of this case, and explains the CAAF's opinion addressing MAJ Hasan's decision to represent himself and the Military Judge's decision to close a portion of the trial to the public. Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)

These two cases examine the CAAF’s jurisdiction when deciding on writs filed by SVCs. Specifically, the CAAF decides whether they have the authority to review decisions made by the CCA’s when asked by an accused, and by an SVC, respectively.

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You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)

In this case, CAAF considers whether courts-martial defendants have a right to a unanimous guilty verdict under the Sixth Amendment, the Fifth Amendment Due Process Clause, or the Fifth Amendment component of equal protection.

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This case clarifies what “viewing” means for purposes of Article 120c, Indecent Viewing. Specifically, CAAF considers whether “viewing” includes viewing a simultaneously created visual image of the private area of another person.

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CAAF explores the appellant’s claims that he suffered cruel and unusual punishment under Article 55, UCMJ and the 8th Amendment during a period of post-trial confinement in a civilian jail.

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CAAF considers whether a military judge abused his discretion by failing to abide by the heightened plea inquiry where the charged offense implicated both criminal and constitutionally protected conduct.

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Military Judge Colonel Robert (Rob) Shuck provides advice for military justice practitioners in the field for improving their legal practice.

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Both these cases explore the reasonableness of the Government’s search of an Accused’s cellular phone. CAAF looks at both the reasonableness of the methodologies of these searches and whether the exclusionary rule should be applied to evidence found during the searches of the cellular phones in these cases.

Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp

You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)

Both these cases explore the reasonableness of the Government’s search of an Accused’s cellular phone. CAAF looks at both the reasonableness of the methodologies of these searches and whether the exclusionary rule should be applied to evidence found during the searches of the cellular phones in these cases.

Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp

You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)