Soon we will count down the top ten military justice stories of the year.

Please nominate the stories you think belong on the list, either in a comment to this post or by email to Zack@CAAFlog.com

11 Responses to “Make your nominations for the Top Ten Military Justice Stories of 2018”

  1. Sir Visdis Crediting says:

    I was wondering if there were any interesting international military justice issues to nominate, so I clicked the link to the “global military justice reform blog.” Doesn’t look like there are any.

  2. Zachary D Spilman says:

    Link fixed

  3. Shawn says:

    Please consider:  CAAF finding that “a mere failure to object to the admission of evidence and to findings argument constitutes forfeiture, not waiver.” in United States v. Burris, 78 M.J. 56, No.17-0605/AR.  Not just for that particular finding, and the doors it opened, but also in light of the strange path that Burris’ entire case has taken.  (A prior and somewhat parallel decision in United States v. Andrews, 77 M.J. 393, No.17-0480/NA foreshadowed this final skirmish of the Waiver War.)

  4. Tami a/k/a Princess Leia says:

    Barry, definitely the #1 story for this year, and probably of all time.
    Riesbeck #2–USCG cherry-picking the panel to include 5 women, 4 of whom were victim advocates, in a rape case.
    Mangahas #3–statute of limitations for rape was only 5 years
    Christiansen #4–lack of personal jurisdiction because he’d been separated.

  5. Vulture says:

    Simply because it is so rare for the Supreme Court to take a case, the ruling in Dalmazzi.

  6. Robert Lyons says:

    The two cases dealing with the criminalization of negligence:  the Commander charged with manslaughter, not on the bridge, but the OOD colliding the ship, and the Private not carding another Private at a barracks party.  This is important because if both are resolved against the defendants, just about any time something bad happens, someone, who may only be remotely connected to the events, is going to jail.

  7. Garlan Burris says:

    UNITED STATES v BURRIS definitely should rank in the Top Ten Military Justice Stories of 2018.
    On December 7, 2018, the Army Court of Criminal Appeals (ACCA) lifted their middle finger to CAAF’s directive of July 19, 2018: “ORDERED: That the decision of the United States Army Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals for a new review under Article 66, Uniform Code of Military Justice, 10 U.S.C.-866(2012). When they refused to do a new review, ACCA was continuing their fraudulent conviction of Major Burris.
    The validity of the case against Major Burris was absolute nonsense. He alienated the wrong people. The kind of people that could and did, in reality, create a case that did not exist. The JAG Corp was ordered to get a conviction. To protect themselves, ACCA is sticking with the cover-up. The only true justice granted to Major Burris was the findings of his Article 32 hearing…”should not go to trial.”

  8. Alfonso Decimo says:

    I agree that Barry is the #1 MJ story and the most damaging to the prestige of military justice and judge advocates, since the dawn of history. Future and past cases will be viewed differently because of it.

  9. AFDCAO says:

    Don’t forget US v. Vargas – Multi-vic 120 conviction reversed when MJ erroneously failed to recuse himself from case in which he allegedly removed a defense friendly MJ from all 120 cases.

  10. Fisch says:

    How about the case of AF Col Eric Holt?  Senator Gillibrand attempted to place her thumb on the scales of military justice by demanding an investigation into why charges were not preferred against Col Holt in a case where his twin sons allegedly accused him of sexual assault during a period of time where he and his wife were battling over custody.
    The reason this story is so shocking is that Holt’s Command stood up to her (and Air Force SVC’s) and did not prefer charges against him perhaps because of the following reasons:
    1. AFOSI investigated and found no reasonable grounds to title him.
    2. Civilian law enforcement investigated him and found no reason to arrest him.
    3. DFACS investigated allegations against him 3 times and did nothing.
    4.  The best interest attorney for the children in the civilian custody case investigated and found that the children would be better of in Col. Holt’s SOLE custody. (Wife tried to have her removed from the case)
    5.  The civilian judge agreed and placed the children in Col. Holt’s sole custody.
    It still did not stop the press from creating the echo chamber made up of stories directly alleging, or indirectly through inference, that the military was once again covering up an allegation of sexual assault through very one sided “news” article that told only one half of the story and left out numerous facts that could be shown by simply doing a search in the Montgomery County Clerk of Court website or Google.
    This is the feel good story of the year in that it shows the military’s bowing down to third wave feminist ideology might be beginning to end.  Hopefully, the military soon will get out of the “sexual assault Court-martial to leverage custody of children for mothers” business.

  11. Barry McCockiner says:

    Fisch, you mentioned feminist ideology, and I’m glad you did.  Feminism in its most toxic and virulent form will be the death of this country if we don’t stand up to these malcontents.  Bravo to you for highlighting that.
    McCockiner, out.