CAAFlog » October 2017 Term » United States v. Burris

Audio of today’s oral arguments at CAAF is available at the following links:

United States v. Burris, No.17-0605/AR (CAAFlog case page): Oral argument audio.

United States v. Barry, No. 17-0162/NA (CAAFlog case page)Oral argument audio.

United States v. Armstrong, No. 17-0556/AR (CAAFlog case page): Oral argument audio.

United States v. Kelly, No.17-0559/AR (CAAFlog case page): Oral argument audio.

In January 2015, Major Erik Burris, a former Army prosecutor, was himself convicted by a panel of officers, contrary to his pleas, of raping, forcibly sodomizing, and battering his wife. The members also convicted him of battering his daughter and disobeying a superior commissioned officer. As punishment, Major Burris was sentenced to be imprisoned for 20 years, to forfeit all pay and allowances, and to be dismissed from the service. Major Burris’ conviction and sentencing received extensive news coverage – including from international outlets like Reuters and the Daily Mail.

On March 21, 2018 at 1:30 p.m., CAAF will hear oral argument on the following issue:

Citing Rules for Courts-Martial 905(e) and 919(c), the Army Court held that the failure of Appellant’s trial defense counsel to object to improper character evidence and improper argument waived any error. This Court, however, treats such failures as forfeiture and tests for plain error. Which court is right?

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