Wednesday, March 2, 2011

TJAG Certifications the Rage at CAAF

On Monday, the Navy TJAG certified the following questions to CAAF in US v. Hayes:

WHETHER THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED WHEN IT HELD THAT APPELLANT’S UNSWORN STATEMENT DURING PRESENTENCING RAISED THE “POSSIBLE DEFENSE” OF DURESS.

WHETHER THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED, AS A MATTER OF LAW, WHEN IT FOUND THAT THE ACCUSED’S UNSWORN STATEMENT RAISED THE POSSIBILITY OF A DEFENSE WHEN THE FACTS ON THE RECORD DID NOT ESTABLISH A PRIMA FACIE CASE FOR DURESS.

WHETHER THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED WHEN IT SET ASIDE THE FINDINGS AND SENTENCE DUE TO THE MILITARY JUDGE’S FAILURE TO INVESTIGATE APPELLANT’S PLEA FOR THE POSSIBILITY OF A DURESS DEFENSE BECAUSE SUICIDE CANNOT, AS A MATTER OF LAW, BE THE THREAT NECESSARY TO ESTABLISH THE DEFENSE OF DURESS.

Last Friday, the Army TJAG certified US v. Prince:

WHETHER THE U.S. ARMY COURT OF CRIMINAL APPEALS ERRED IN AFFIRMING THE MILITARY JUDGE’S RULING TO SUPPRESS THE ACCUSED’S STATEMENTS TO A CRIMINAL INVESTIGATION COMMAND (CID) AGENT.