The Air Force recently published Volume 70 of the Air Force Law Review (link to PDF). It contains the following articles:

Protecting Security And Privacy: An Analytical Framework For Airborne Domestic Imagery. Colonel Dawn M.K. Zoldi.

The Sky Has Not Fallen: A Brief Look At The Impact Of United States V. Walters Ten Years Later. Lieutenant Colonel W. Shane Cohen And Captain Jonathan S. Sussman.

High (Risk) Society: Easing The Anxiety For Institutional Clients Using Social Media. Ms. Susan L. Turley.

The Big Payback: How Corruption Taints Offset Agreements In International Defense Trade. Lieutenant Colonel Ryan J. Lambrecht.

Wielding A “Very Long, People-Intensive Spear”: Inherently Governmental Functions And The Role Of Contractors In U.S. Department Of Defense Unmanned Aircraft Systems Missions. Major Keric D. Clanahan.

The Walters article (direct link) is of particular interest to military justice practitioners. In United States v. Walters, 58 M.J. 391 (C.A.A.F. 2003) (link to slip op.) the appellant was charged with wrongful use of ecstasy of divers occasions, but was convicted by exceptions and substitutions of wrongful use on one occasion. However, the panel did not specify which occasion formed the basis for the conviction. CAAF determined that this created an ambiguous finding that prevented the Air Force Court of Criminal Appeals from conducting its factual sufficiency review under Article 66(c), and ruled that:

Where a specification alleges wrongful acts on “divers occasions,” the members must be instructed that any findings by exceptions and substitutions that remove the “divers occasions” language must clearly reflect the specific instance of conduct upon which their modified findings are based.

Walters, 58 M.J. 391, slip op. at 12. In the article, Lieutenant Colonel Cohen and Captain Sussman discuss similar cases in the intervening decade, reasons why prosecutors should continue to charge on divers occasions, and sentencing considerations.

Comments are closed.