POPULARITY
Featuring Professor Dirk Zetzsche, Marian Unterstell, and Dr. Lucien van Romburg
In this episode, we review the application of confinement credit under United States v. Pierce to cases involving segmented sentences. We also discuss practical takeaways for charging decisions and advising clients. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In this episode, we discuss changes in the detailed military judge and distinctions between reassignment, removal, disqualification, and recusal. We examine how these distinctions affect the applicable prejudice test for alleged errors during appellate review. We also welcome ROTC Cadets Reagan Aylor and Taos Dye, interns at TJAGLCS. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In this episode we discuss the jurisdiction and authority of the Courts of Criminal Appeals and the Court of Appeals for the Armed Forces to address alleged errors in post-trial actions that indicate firearms restrictions under 18 U.S.C. § 922. We cover distinctions from the CAAF's Williams opinion from last term, timing for when the judgment is entered into the record, and the specific authority of the Courts of Criminal Appeals to provide appropriate relief for errors after the judgment is entered. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In this episode we examine the admission of uncharged acts occurring months after the alleged offenses for the purpose of common plan or scheme under Military Rule of Evidence 404(b). We discuss application of the Reynolds test, the decision in Hyppolite on common plan or scheme, the Wet Bandits from the 1990 American Christmas comedy film Home Alone, prejudice in appellate review, and distinctions in legal precedent in a fractured opinion. We also say thank you and farewell to Major Dustin Morgan on his last podcast. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In this episode we discuss the constitutionality of Article 120 and distinctions from CAAF's recent Mendoza opinion. We also cover the other granted issues addressing questions of legal sufficiency, panel member bias, special instructions on intoxication and consent, and collateral consequences under 18 U.S.C. § 922. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In this episode, we discuss the authority of CAAF to review factual sufficiency determinations of Courts of Criminal Appeals. We further address variance involving dates of the charged offense and changes to the specifications under R.C.M. 603. We also welcome LTC Michael Scaletty, Chair, Criminal Law Department, and Jackson Trout, a summer intern at TJAGLCS. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In this episode, we discuss the legal sufficiency and notice requirements for attempt offenses under Article 80. We additionally talk about plain error review and interpretation of a charge and specification based on the conduct of the parties at trial. We also welcome Macy Peele, a summer intern at TJAGLCS. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
Have you set your lifestyle limit? In this episode, Jeff, Jeff, and Kim discuss: Giving to God's causes.Letting God lead you forward with faith.Why God wants us to join in His giving.Embracing and handling obstacles on your journey. Key Takeaways: There's going to be risk - if you wait for 100% certainty, it won't come. Move forward anyway in faith.Give to whatever passion God puts in your heart.Start giving now, even if it is just your time.It's all God. He gets the glory and the praise. "The kingdom of God is worth everything I've had or will have, and if I hang on to what I have, then I'm settling for what's of less value." — Kim King Episode References: Women Doing Well: https://womendoingwell.org/HOPE International: https://www.hopeinternational.org/Chase the Lion by Mark Batterson: https://www.markbatterson.com/books/chase-the-lion/ About Kim King: For over thirty years, Kim worked as an attorney and manager in the Law Department of ExxonMobil. She left her work at Exxon to complete her first book, When Women Give – The Adventure of a Generous Life, which was published in 2017. She is an advocate for generosity. She has served on the board of Women Doing Well, Hope International, and Thrivent Trust Company (now Blue Trust), a Christian financial services company. Her latest focus is on writing. She writes regularly for the blog of Women Doing Well.Kim received her undergraduate and law degrees from the University of Alabama. She enjoys Astros baseball, Alabama football, gardening, and oil painting. She lives in Houston, Texas, with her two dogs, where she serves as a Bible study teacher for adults at her church.Connect with Kim King:Book: When Women Give: The Adventure of a Generous Life: https://www.ivpress.com/kim-king Connect with Jeff Thomas: Website: https://www.arkosglobal.com/Podcast: https://www.generousbusinessowner.com/Book: https://www.arkosglobal.com/trading-upEmail: jeff.thomas@arkosglobal.comTwitter: https://twitter.com/ArkosGlobalAdvFacebook: https://www.facebook.com/arkosglobal/LinkedIn: https://www.linkedin.com/company/arkosglobaladvisorsInstagram: https://www.instagram.com/arkosglobaladvisors/YouTube: https://www.youtube.com/channel/UCLUYpPwkHH7JrP6PrbHeBxw
In this episode, we discuss the issue of recusal of the Military Judge for Appearance of Bias based on his prior role as the Special Victim Prosecutor in the same jurisdiction and during the timeframe of the alleged offenses. We further discuss the applicability of the Fourth Amendment in the context of apparent authority from third-party consent. We additionally say goodbye and thank you to MAJ ReAnne Wentz on her last podcast and welcome Jack Bracher, a summer intern at TJAGLCS. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In this episode we discuss the applicability of the Fourth Amendment in the context where a private actor takes the property of another person and gives it to law enforcement. We address the particularity requirement under Military Rule of Evidence 311, requests for return of property from law enforcement, and the exclusionary rule. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In this episode we discuss unenumerated Article 134 offenses and whether a specification states an offense. We cover mens rea, wrongfulness, and the maximum liberality standard of review, as well as practical takeaways for charging decisions and timing trial objections. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
Seeks own lawyer for ethics case A Putnam legislator accused of ethics breaches in a complaint filed by the county attorney over her son-in-law's attempted purchase of a government-owned property is suing to stop his office from choosing who will represent her. Toni Addonizio, who represents Kent on the Legislature, alleges in a lawsuit filed May 30 in state court that Putnam's Law Department approved her request for a county-funded lawyer but "has outrageously and improperly" asserted that it has the right to choose who will defend her against the complaint filed by Compton Spain, who heads the department as county attorney. Both Spain and the county are named in the lawsuit, which says that Addonizio asked the department for "a counsel of my choosing" when notified that the Putnam Board of Ethics scheduled a hearing on the complaint for April 28. (Amid the dispute, the hearing was canceled.) Addonizio's request for a county-funded attorney is based on a state law, adopted by Putnam, that requires it to defend employees in federal and state civil cases for "any alleged act or omission" occurring while they are working. Municipalities are exempt from the requirement if they are the ones bringing the case against an employee. The law also entitles an employee to choose their attorney if the chief legal officer of a municipality, such as a county attorney, or a judge determines that a conflict of interest exists. In response to Addonizio's request, the Law Department said its insurer verbally concluded that she was ineligible for legal assistance but, "after careful review," it would select one of the firms from its list of contractors - Roemer Wallens Gold & Mineaux - to represent her. The department also said that Addonizio could choose to pay out-of-pocket for an attorney who is not on its approved list. "There could not be a more patent conflict of interest than the complainant in a politicized ethics proceeding selecting the accused's attorney," said Jeffrey Gasbarro, who is representing Addonizio in the lawsuit. Spain's 191-page complaint, filed with the Board of Ethics in June 2024 and also forwarded to the Attorney General's Office, accuses Addonizio of failing to disclose that her son-in-law, Byron Voutsinas, was the buyer initially agreeing to purchase a county-owned property at 34 Gleneida Ave. in Carmel. According to Spain, Voutsinas sought to use Addonizio's influence with the Legislature to include parking spaces from a nearby county-owned lot in the sale. He also claims that the agreed-upon price, $600,000, represented a "veritable windfall" from a recommended listing price of $900,000 and market studies valuing it as high as $1.2 million. Spain's office moved to void the contract, arguing that Voutsinas failed to satisfy conditions for the sale to be finalized, including getting the Legislature's approval, which never occurred. After Voutsinas filed a claim accusing the county of breach of contract, Spain successfully petitioned a judge to have the contract canceled. During a May 2024 meeting of the Legislature's Rules Committee, then chaired by Addonizio, lawmakers accused the Law Department of filing the petition without first getting their approval. Addonizio "spoke frequently and freely on the matter," but should have recused herself, said Spain. The Legislature's former counsel, Robert Firriolo, defended Addonizio in a response to Spain's complaint sent to the ethics board. He also accused Spain of failing to disclose, when asked on his employment application about criminal convictions, that he was found guilty in 1993 of criminal contempt of court. A judge found Spain guilty under state Judiciary Law, which does not classify the charge as a misdemeanor. Because the penalty can include jail time, Firriolo argues it is equivalent to a misdemeanor as defined under state Penal Law.
In this special episode we sit down with Professor David Schlueter after delivering the Prugh Lecture at TJAGLCS. We discuss the 75th anniversary of the UCMJ and persistent issues throughout the history of military justice. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In this episode we examine the changes to Article 131 and what “endeavoring to seize” means in the statutory scheme. In the process we examine the history of this new article, its implementation under MJA 2016, and charging strategies. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
CAAF Chats is back! This week we examine what meaningful relief looks like during appellate review, and whether meaningful relief is even required. CAAF continues its trend of interpreting statutory changes to the UCMJ. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
This week we examine a sentence reassessment while diving into the ever-evolving landscape of sentence reassessment at the appellate level. We also take the time to develop some practical lessons from this brief opinion. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
This week we examine the differences between custodial and non-custodial interrogations, and the interplay between a servicemember's rights under Article 31(b) and Miranda. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
This week we discuss CAAF's latest opinion concerning the role the providence inquiry fits into a mixed plea. Also, we discuss CAAF's holding concerning whether defense counsel are ineffective when they fail to object to improper use of the providence inquiry. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
GenAI technology provides groundbreaking opportunities for corporate law departments to innovate the legal service delivery model, take the wheel on legal costs, and strategically implement use cases which can drive these opportunities for their companies. Join us in this podcast panel interview to learn how in-house teams are using these tools to steer their organizations towards meaningful change in legal service delivery. Our panel will also discuss the environment in which we are making decisions, how to strategically insert GenAI in technology roadmaps, expectations on what tools can do, and how new technologies are changing the law firm/law department relationship. Additionally, we will explore how legal industry regulators are starting to govern AI use. Moderator: @Reid Cram - Product Marketing Manager, NetDocuments Speakers: @Brad Blickstein - Principal, Blickstein Group, Inc. @Thomas Daemen - Associate General Counsel, Microsoft Corporation @Ed Sohn - Global Head of Insights and Innovation, Factor Recorded 11-6-2024
This week we examine the importance of the Statement of Trial Results and the Court of Criminal Appeals' ability to change a collateral consequence. Specifically, we examine this issue in the context of domestic violence and Lautenberg qualification. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
This week we once again examine the caselaw surrounding a victim's ability to file a writ during the course of a court-martial. This case also dives deeper into the interplay between M.R.E. 513 and R.C.M. 701 and 703. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
This week we dive into CAAF's latest opinion on Article 120. Specifically, we examine the role “without consent” and “substantial incapacitation” play in the UCMJ's statutory scheme. This is an important episode for all military justice practitioners as they embark on charging and defending sexual assault charges. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
This week we examine CAAFs latest take on Article 134 and Article 117a. Specifically, we dive into the area of preemption and how practitioners can ensure that they are treading carefully when crafting novel 134 offenses. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
This week we examine a unique CAAF case examining the correct appellate standard for sentence appropriateness. Swisher examines what a closely related case is for purposes of this sentence appropriateness standard. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
This week we examine CAAF's latest decision concerning implied bias and challenging a panel member for cause. Specifically, we discuss how a judge's determination for implied bias is reviewed, what role the liberal grant mandate plays in the decision, and what practitioners can do to better shape/argue these challenges. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
For this episode, we examine one of CAAF's recent decisions interpreting Article 134. Specifically they analyze the concept of fair notice for a charge of indecent conduct. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
After our two special episodes, we once again discuss one of CAAF's latest opinions – United States v. Metz. In this episode we discuss when someone becomes a suspect for Article 31 purposes, and when evidence must be suppressed after a suspect is illegally apprehended (in the context of ineffective assistance of counsel). Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
After hearing from Judge Hardy last week, this week we get the trial judge's perspective on the practice of military justice. We are joined by COL Trevor Barna and COL(R) James Pohl. They speak about the practice of military justice from their time on the bench. Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In this special episode we are joined by the Honorable Liam Hardy, a current Judge on the Court of Appeals for the Armed Forces. He shares valuable insight on the practice of military justice – including helpful tips for practitioners at all levels. Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
This episode examines two cases with very similar lessons for practitioners. Specifically, we examine the judicial disqualification rule under Rule for Court-Martial 902, and the caselaw surrounding prejudice. The CAAF highlights for practitioners yet again how important it is for practitioners to build a record. Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
New York City Mayor Eric Adams says the Law Department is reviewing allegations of sexual assault in Rikers Islands Jails, even though the department is responsible for defending the city when it faces lawsuits. Plus, WNYC's Liam Quigley reports there may be some obstacles in the mayor's fight for a “trash revolution.” Also, WNYC's Karen Yi spent time with some families deciding whether they should leave New York City as they struggle to find affordable child care and housing. And finally, Ms. Lauryn Hill and the Fugees cancel most of their tour dates, including a show in their home state, New Jersey.
In this episode we examine the role the providence inquiry plays in a guilty plea. The CAAF's decision in Cole highlights the detail required from all practitioners to ensure guilty please survive appellate review. Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In this episode we examine Military Rule of Evidence 404(b). The CAAF's opinion in U.S. v. Wilson provides excellent guidance for practitioners attempting to understand and utilize this rule in their trials. Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
Haroun Rahimi is an affiliate associate professor at UW School of Law. Concurrently, Rahimi is an Associate Professor of Law and the chair of the Law Department at the American University of Afghanistan. Rahimi is also a Global Academy Scholar at the Middle East Studies Association (MESA) and a Research Fellow at The Raoul Wallenberg Institute of Human Rights and Humanitarian Law (RWI). Rahimi's research focuses on economic laws, institutional reform, Islamic finance, Islamic law, and ethics.
In this episode of CAAF Chats, we examine CAAF's latest opinion concerning their jurisdiction to hear appeals brought by crime victims. Specifically, this case clarifies who has standing to appeal a ruling by a military judge. Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In this episode, we discuss CAAF's decision in United States v. Palik. This case discusses the standard for ineffective assistance of counsel and Rule for Courts-Martial 914 - providing analysis for when to file this type of motion. Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In this episode, we discuss CAAF's decision in United States v. Flores. This case examines sentence appropriateness review under the new sentencing procedures established by the Military Justice Act of 2016. Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
This is your 4 P.M. All Local update on April 23, 2024.
In this episode, we discuss CAAF's decision in United States v. Driskill. This case examines Double Jeopardy and its application to offenses charged under Article 134. Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In this episode, we discuss CAAF's decision in United States v. Ramirez. Specifically, we examine when a military judge must allow questions concerning racial bias during voir dire - while discussing voir dire and bias generally. Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In this episode, we discuss CAAF's decision in United States v. Warda. Here, the CAAF examines the remedy when the Government is unable to produce documents required by Rule for Courts-Martial 703. The Court provides rules for practitioners concerning their discovery obligations. Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In this episode, we discuss CAAF's decision in United States v. Brown. Specifically, we examine CAAF's view of Part IV of the Manual for Courts-Marital and what constitutes "presence" for disrespect of a noncommissioned officer. 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 episode, we examine CAAF's latest case concerning unlawful command influence. Specifically, we examine the difference between actual and apparent unlawful command influence, and the influence that judge advocates can have on the system. 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)
The Judicial Conference Advisory Committee on Civil Rules has recently released proposed changes to the Federal Rules of Civil Procedure. What do attorneys need to know? Robert Levy, Jeffrey McKenna, Wendy Butler Curtis, and Chris Hurlebaus share insights from their panel discussion about the proposed changes' impacts on legal professionals, including issues of privacy, cybersecurity, case management, filing deadlines, and more. Links: Lawyers for Civil Justice Proposed Amendments to the Federal Rules of Civil Procedure Robert Levy is an attorney in the Law Department of Exxon Mobil Corporation. Jeffrey McKenna is a Senior Privacy and eDiscovery Attorney in Orrick's Chambers-recognized eDiscovery & Information Governance practice based in San Francisco. Wendy Butler Curtis is Chief Innovation Officer at Orrick, Herrington & Sutcliffe LLP. Chris Hurlebaus a Principal Technologist at Microsoft.
In this episode, we examine CAAF's analysis concerning when an accused makes a prima facie (pronounced pree-muh fah-shuh according to the majority of the criminal law department) showing that race played a role in the panel selection process at their court martial, whether that panel was properly constituted. The Court weighed their previous precedent which allowed a race conscious selection process for the purpose of inclusion in contrast with the Supreme Court's ruling in US v Batson which said “race is an impermissible criterion for selection of jurors.” This case is very important for judge advocates to understand as they advise their commanders on selecting court martial members (jurors). 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 episode we examine CAAF's analysis concerning how and when a statement qualifies under the excited utterance exception to the hearsay rules and whether appellant's conviction is legally sufficient. 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 final part, we conclude our analysis of the CAAF's decision in United States v. Hasan. This episode addresses the SJA's role in providing Article 34 advice, ACCA's decision to not recuse itself, and MAJ Hasan's continued self representation during the post-trial phase. 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 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)