Rather than rely on Morse, the AFCCA
used the fact-specific analysis applied in Phillips to determine whether jurisdiction under Article 2(c) was triggered.
CAAF reversed the AFCCA
ruling despite the trial being held by a
adding in a footnote that AFCCA
could also make a determination on
Practitioners should note that the AFCCA
correctly ruled that defense
found the sentence inappropriately severe in eleven cases
58) As discussed previously, this line of authority is consistent with the approach taken by the AFCCA
in the Davis case.
123) Even though Moore's uncharged drug use was very close in time to his charged offenses, the AFCCA
found it simply did not meet the heightened relevance requirement under RCM 1001(b)(4).
Although the CAAF did not affirm this lesser included offense because the AFCCA
did not assess its legal and factual sufficiency, the CAAF provided the lower courts with the necessary groundwork.
above), the AFCCA
concluded the post-trial evidence of PTSD showed an
Meanwhile, in Taylor, the AFCCA
had no difficulty upholding the absence of comments from the SJA about the RTDP.
The trial court and AFCCA
were unsympathetic to SSgt Wallace's motion to suppress evidence which was "obtained from the search of [Wallace's] computer on the theory that [Wallace] involuntarily consented in the first place or, alternatively, revoked consent when he told agents not to take the computer.
Both the AFCCA
and CAAF agreed with the military judge's ruling.