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MILITARY JUSTICE UPDATE

 

U.S. v. Riesbeck

The Court of Appeals for the Armed Forces overturned the Coast Guard Court of Criminal Appeals, finding appellant was deprived of fair trial because of the composition of the panel and that the proceedings were tainted with unlawful command influence.  The seven-member panel that convicted and sentenced appellant was composed of five women, four of whom were victim advocates.

 

U.S. v. Short

In this case, the Court of Appeals for the Armed Forces decided whether a government trial counsel committed prosecutorial misconduct when they made improper argument after repeatedly eliciting inadmissible testimony.  The case provides some insight into prosecutorial misconduct and the importance of leader supervision of trial counsel.   

 

U.S. v. Chamblin

The Navy-Marine Corps Court of Criminal Appeals reversed appellant's conviction and dismissed the charges based on the appearance of unlawful command influence from the actions of General James Amos, former Commandant of the Marine Corps, and his legal advisors.  Appellant in this case stood accused of the infamous urination incident in Afghanistan.