ACCA posted this brief per curiam opinion on its web site today.  United States v. Hudgins, __ M.J. __, No. ARMY 20090737 (A. Ct. Crim. App. March 25, 2010) (per curiam).

The addendum SJAR in the case was signed by the deputy SJA.  ACCA held that this “constitutes error.”  Id., slip op. at 2.  ACCA declined to apply waiver because “appellant did not have the opportunity to comment on the error in his post-trial submission,” since the error occurred in the addendum rather than the original SJAR.  Id.  But ACCA declined to grant relief, concluding that there was no prejudice.  Id., slip op. at 3.

2 Responses to “ACCA holds addendum SJAR signed by deputy SJA is erroneous”

  1. Larry says:

    No harm = No foul. No prejudice = No error.

  2. Christopher Mathews says:

    FN 2: “Because the signature block was unambiguous, we declined to order an affidavit from LTC Lippert addressing whether he was actually the acting staff judge advocate when he signed the addendum as the Deputy Staff Judge Advocate, and the signature block was merely a typographical error.”

    The Unambiguous Signature Block Doctrine prevails once again.