Navy snaps up a lot in the Prather trailer park, as well as lot 57 in the Fosler trailer park; Army grabs lots 58 and 59 in the Fosler trailer park
Tuesday was a big day for military justice trailer parks. CAAF granted on this issue from a Navy case:
WHETHER ARTICLE 120(c) IS UNCONSTITUTIONAL AS APPLIED WHERE: THE MILITARY JUDGE (1) REQUIRED APPELLANT TO PROVE THE AFFIRMATIVE DEFENSES OF CONSENT AND MISTAKE OF FACT AS TO CONSENT BY A PREPONDERANCE OF THE EVIDENCE; (2) DETERMINED THAT THE DEFENSES HAD BEEN PROVED BY A PREPONDERANCE OF THE EVIDENCE; AND THEN (3) FAILED TO DISMISS THE CHARGES SUA SPONTE AS REQUIRED BY RULE FOR COURTS-MARTIAL 917.
United States v. Esochea-Sanchez, __ M.J. __, No. 11-0559/NA (C.A.A.F. Sept. 13.) (order granting review). CAAF ordered that no briefs would be filed.
Plus, CAAF granted review of three more Fosler trailers: United States v. Fairley, __ M.J. __, No. 11-0595/NA (C.A.A.F. Sept. 13, 2011); United States v. Dietz, __ M.J. __, No. 11-0611/AR (C.A.A.F. Sept. 13, 2011); and United States v. Moses, __ M.J. __, No. 11-0626/AR (C.A.A.F. Sept. 13, 2011).