Criminal Law Department Presents

May 01 2024 11
Criminal Law Department Presents Podcast artwork

This podcast is part of The Quill & Sword series of podcasts created and hosted by The Judge Advocate General’s Legal Center and School (TJAGLCS). Produced by the TJAGLCS Criminal Law Department, the podcast offers a 10-20 minute discussion about every published CAAF opinion—"CAAF Chats"—as well as a curated assortment of selected topics related to military justice - "Military Justice Grab Bag." Two shows, one channel. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

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Criminal Law Department Presents – CAAF Chats Ep 34: U.S. v. Flores (C.A.A.F 2024)

May 01 2024
In this episode, we discuss CAAF's decision in United States v. Flores. This case examines sentence appropriateness review under the new sentencing procedures established by the Military Justice Act of 2016. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or Linke

Criminal Law Department Presents – CAAF Chats Ep 33: U.S. v. Driskill (C.A.A.F 2024)

Apr 11 2024
In this episode, we discuss CAAF's decision in United States v. Driskill. This case examines Double Jeopardy and its application to offenses charged under Article 134. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

Criminal Law Department Presents – CAAF Chats Ep 32: U.S. v. Ramirez (C.A.A.F 2024)

Mar 20 2024
In this episode, we discuss CAAF's decision in United States v. Ramirez. Specifically, we examine when a military judge must allow questions concerning racial bias during voir dire - while discussing voir dire and bias generally. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagr

Criminal Law Department Presents – CAAF Chats Ep 31: U.S. v. Warda (C.A.A.F 2023)

Mar 08 2024
In this episode, we discuss CAAF's decision in United States v. Warda. Here, the CAAF examines the remedy when the Government is unable to produce documents required by Rule for Courts-Martial 703. The Court provides rules for practitioners concerning their discovery obligations. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://

Criminal Law Department Presents – CAAF Chats Ep 30: U.S. v. Brown (C.A.A.F 2024)

Feb 22 2024
In this episode, we discuss CAAF's decision in United States v. Brown. Specifically, we examine CAAF's view of Part IV of the Manual for Courts-Marital and what constitutes "presence" for disrespect of a noncommissioned officer. Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at h

Criminal Law Department Presents – CAAF Chats Ep 29: U.S. v. Gilmet (C.A.A.F 2023)

Feb 07 2024
In this episode, we examine CAAF’s latest case concerning unlawful command influence. Specifically, we examine the difference between actual and apparent unlawful command influence, and the influence that judge advocates can have on the system. Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for m

Criminal Law Department Presents – CAAF Chats Ep 28: U.S. v. Jeter (C.A.A.F 2023)

Jan 24 2024
In this episode, we examine CAAF’s analysis concerning when an accused makes a prima facie (pronounced pree-muh fah-shuh according to the majority of the criminal law department) showing that race played a role in the panel selection process at their court martial, whether that panel was properly constituted. The Court weighed their previous precedent which allowed a race conscio

Criminal Law Department Presents – CAAF Chats Ep 27: United States v. Smith (C.A.A.F 2023)

Dec 13 2023
In this episode we examine CAAF's analysis concerning how and when a statement qualifies under the excited utterance exception to the hearsay rules and whether appellant's conviction is legally sufficient. Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil

Criminal Law Department Presents – CAAF Chats Ep 26: United States v. Hasan (C.A.A.F 2023) (Part 3)

Nov 29 2023
In this final part, we conclude our analysis of the CAAF's decision in United States v. Hasan. This episode addresses the SJA's role in providing Article 34 advice, ACCA's decision to not recuse itself, and MAJ Hasan's continued self representation during the post-trial phase. Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjagl

Criminal Law Department Presents – CAAF Chats Ep 25: United States v. Hasan (C.A.A.F 2023) (Part 2)

Nov 15 2023
In this second of a three parts, we continue our analysis of the CAAF's decision in United States v. Hasan. This episode addresses whether the military judge has a duty to excuse a panel member for cause and the constitutionality of Article 45(b) of the UCMJ.Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our w