Criminal Law Department Presents

In this episode, we review the CAAF's ruling that a defense counsel's statement of “no motions” at arraignment constituted an affirmative, express waiver of a multiplicity challenge to duplicative Article 128b domestic violence specifications. We examine the tension between waiver and forfeiture, the majority's reliance on the absence of an ineffective assistance of counsel claim, and the dissent's concern that constitutional double jeopardy rights were relinquished without any showing the accused personally understood or intended to give them up. We also discuss the still-unresolved question, left open in both Malone and the subsequent Ford decision, of what constitutes the “unit of prosecution” for Article 128b offenses, and provide takeaways for practitioners on documenting client conversations, charging strategy for “super specs,” and preserving multiplicity issues for appeal.

Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we review whether a suspect's statement, “I would like to speak to a lawyer, but um, yeah,” was an unequivocal invocation of the right to counsel under Article 31, UCMJ principles. We examine how the Court of Appeals for the Armed Forces applied Edwards v. Arizona and Davis v. United States, and how the majority and dissent split over whether the words “but um, yeah” were meaningless filler words or introduced genuine ambiguity into the invocation. We provide takeaways for practitioners on evaluating motions to suppress based on the precise wording of a client's request for counsel.

Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we review the interplay between unlawful command influence (UCI) and a plea agreement's waiver of all waivable motions. We examine whether a “waive all waivable motions” provision, confirmed through a judge's colloquy, forecloses appellate review of a UCI claim even when the accused later alleges his defense counsel misadvised him about its effect. We provide takeaways on the importance of thorough judicial inquiries into waiver provisions, precise and documented advice from defense counsel on what a plea waives, and the correct legal standard for assessing prejudice in ineffective assistance of counsel claims tied to a guilty plea.

Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we review the notice requirements for an offense of conduct unbecoming an officer under Article 133.  We examine preemption rules and whether an accused has fair notice that kissing a junior enlisted trainee constitutes conduct unbecoming an officer.  We provide takeaways on drafting specifications and preserving issues for appeal.



Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department).

In this episode, we discuss the meaning of the term transaction under Rule for Courts-Martial 1002(d)(2)(B)(i). We review when sentences to confinement for multiple offenses should run concurrently or consecutively. We also address forfeiture and the plain error standard of review.

Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.