NMCCA Finds Art. 120 Error Harmless Beyond a Reasonable Doubt
Here is a link to United States v. Stewart, NMCCA 201000021, slip op. (N-M. Ct. Crim. App. Jan. 31, 2011). It’s not published but the hearing conducted by the military judge on Art. 120 was...
View ArticleArgument Preview: United States v. Stewart, No. 11-0440/MC
Tomorrow CAAF will hear oral argument in United States v. Stewart, No. 11-0440/MC. The case is a Prather trailer that presents the following issues: I. Under United States v. Prather, is it legally...
View ArticleStewart audio up
Audio of today’s CAAF argument in United States v. Stewart, No. 11-0440/MC, is available here.
View ArticleCAAF’s opinion in Stewart, and the media response
CAAF published its opinion in United States v. Stewart, No. 11-0440/MC, earlier this week (analysis to follow), in which it ruled: Under the unique circumstances of this case, we hold that the finding...
View ArticleOpinion Analysis: United States v. Stewart, No. 11-0440/MC
It’s tempting to dismiss CAAF’s opinion in United States v. Stewart, No. 11-0440/MC, as a fluke attributable to a military judge’s poor choice of instructions. Unfortunately, the history of the case...
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