Here’s a link

Judge Baker wrote for a unanimous court.

More later.

3 Responses to “CAAF affirms in Diaz”

  1. Anonymous says:

    You Bastards!!

  2. John Harwood says:

    Seems like a fairly well-reasoned opinion. I agree that the accused should not get to choose the offense he/she pleads guilty to. This would open the door to accused pleading guilty to just enough of an offense to satisfy a judge, while changing the nature and quality of the offense. Of course, the government would always be free to prove up the charged language, but in our system of no “no contest” pleading, the government brings the charge and specification, and the accused decides whether to plead guilty or not. Our system is much better served by simplicity.

  3. Anonymous says:

    What’s most significant to me is the court’s resolution of Issue III. I think it should be a warning to prosecutors to think twice before you charge war resisters, birthers, et al. under Article 133.