In this case, CAAF consider an improper sentencing argument, specifically looking at and applying the test for prejudice from improper sentencing arguments. MAJ Dustin Morgan and LtCol David Segraves provide an overview of the case and key takeaways for military justice practitioners.

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Colonel (Ret.) Larry Morris, the Chief of Staff/Counselor to the President of The Catholic University of America delivered the 50th Kenneth J. Hodson Lecture in Criminal Law to the 71st Graduate Course and the Staff and Faculty at The Judge Advocate General’s Legal Center and School. He provided an historical and principled view on “Military Justice in Transition.”

This was a special moment to honor the incredible US Army JAG Corps legacy of Major General Kenneth J. Hodson, whose Army career spanned over 30 years, from 1942 through his appointment as The Judge Advocate General of the Army in 1967, to his retirement in 1971, and to celebrate this significant milestone at TJAGLCS.

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This case clarifies the standard a military judge must utilize when crafting a remedy for a discovery violation under RCM 701(g)(3)(D). Although this is, at its core a statutory interpretation case, there are discovery lessons to be learned. MAJ Dustin Morgan and MAJ Josh Mikkelsen provide an overview of the case and key takeaways for military justice practitioners.

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In this narrow case, the CAAF looks at whether an adjudged reprimand was appropriate as written as part of its sentence appropriateness review under Article 66(d)(1), Uniform Code of Military Justice (UCMJ).

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Major Josh Mikkelsen, resident Sexual Assault Prevention and Response (SAPR) expert at The Judge Advocate General’s Legal Center and School, shares with us what he considers to be the most significant SAPR updates in the last few years. This is an important episode for commanders and judge advocates advising commanders on SAPR issues.

Here are some resources shared during the episode:

Army Safe-to-Report Policy: Army Directive 2022-10 - https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN35839-ARMY_DIR_2022-10-000-WEB-1.pdf

Reforms to Sexual Harassment/Sexual Assault in the Army: Army Directive 2022-13- https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN36462-ARMY_DIR_2022-13-000-WEB-1.pdf

DoDI 6495.02, Sexual Assault Prevention and Response - https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/649502_vol01.PDF?ver=onrMrl4-MNbCcN4PkGmWVQ%3d%3d

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In this case, we explore the sentence appropriateness power of the CCAs.

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To quote Chief Judge Ohlson directly “This case underscores the need for everyone involved in a court-martial to pay meticulous attention to the panel member selection process.”

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This case addresses the application of MRE 412 (prohibition of evidence of sexual behavior or disposition of a victim), but also may be seen as an explora-tion into the Abuse of Discretion standard that appellate courts apply to trial judge’s rulings on evidence.

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This Art. 62 appeal reviews a military judge’s suppression of evidence found on the accused’s phone.

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This case is about remote live testimony of a child and the accused’s right to confrontation.

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