Benchslap, Military Style

How to tell that the Court of Appeals for the Armed Forces (CAAF) is a bit miffed at prosecutors? The two-part test is as follows:

1. They mention the prosecutors by name. (Smile Captain Maya, you’re on Candid Appellate Decision).

2. They dismiss a CP case with prejudice.

If you’d like to read the most scintillating excerpts from said bench slap, click here.

Oh, and it also happens to have something about the prosecution screening the Military Judge’s personnel records in order to discover something with which to disqualify him. I’m sure that idea briefed well, at some point. Maybe.

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3 thoughts on “Benchslap, Military Style

    • Easy. The Trial Counsel instructs their paralegal to get the personnel records of a certain individual. If there is a problem, the TC goes and gets it. Generally, the personnel folks assume that the TC has authority (not to mention that the TC has Title 10 subpoena authority once charges are referred.

      When I was a TC, I got the files I wanted. Of course, they were always for a legitimate purpose, such as in response to a valid defense discovery request.

      • Over on CAAFlog, they said that the Marines have an easily accessed, central database. In the Air Force, it was hard enough to get our own personnel records for our OPRs. As TC, we could get them for folks on base, but it would have raised some significant eyebrows if we’d tried to get them for a military judge.

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