By Will Baude on August 20, Sachs as amicus curiae in Atlantic Marine v.
Judge Ryan dissents, joined by Judge Maggs. Whether military officials exerted actual unlawful command influence on the convening authority or created the appearance of doing so.
After Senior Chief Special Warfare E-8 Barry was convicted of sexual assault in violation of Article band sentenced to confinement for three years and a dishonorable discharge, the convening authority — Rear Admiral Patrick Lorge who has since retired — approved the findings and sentence as adjudged.
Lorge then took a closer look at the case, and he began to doubt the findings. Ultimately, Lorge again approved the findings and sentence, but he modified the automatic reduction in rank to retain Barry at E In my seven years as a General Court-Martial Convening Authority, I have never reviewed a case that has given me greater pause than the one that is before me now.
The evidence presented at trial and the clemency submitted on behalf of the accused was compelling and caused me concern as to whether SOCS Barry received a fair trial or an appropriate sentence.
I encourage the Appellate Court to reconcile the apparently divergent case law addressing the testimony that an accused may present during sentencing for the purpose of reconsideration under R. Additionally, having personally reviewed the record of trial, I am concerned that the judicial temperament of the Military Judge potentially calls into question the legality, fairness, and impartiality of this court-martial.
The validity of the military justice system depends on the impartiality of military judges both in fact and in appearance. If prejudicial legal error was committed, I strongly encourage the Appellate Court to consider remanding this case for further proceedings or, in the alternative, disapproving the punitive discharge pursuant to Article 66 c [,] UCMJ, thereby allowing the accused to retire in the rank that he last honorably served.
CAAF summarily affirmed on April 27, The Chief Trial Judge of the Air Force presided over the hearing and then issued findings last year discussed here. It is not every day that a general court-martial convening authority begs our forgiveness for his failure of leadership in approving findings he believed should not be approved.
That is, however, the harshest criticism of Lorge in the decision.Because these amici curiae (“amici” is the plural form of “amicus”), friends of the court, have some interest in how the court decides, such briefs are certainly skewed one direction or another by the research of the writer, but it is often written from a position of neutrality.
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Yesterday, in the wake of the Navy-Marine Corps Appellate Government Division’s unusual Motion to Clarify Position in Response to Questions at Oral Argument in United States nationwidesecretarial.com, No.
/NA (CAAFlog case page), the Deputy Staff Judge Advocate – Navy Lieutenant Commander Jonathan Dowling – offered an amicus curiae brief in . Amicus Curiae Writing Persuasive Briefs and Recruiting Amicus Support by Laura A. Foggan and Zedford D. Dancey W ith its roots dating from ancient Roman law, the role of amicus curiae—literally “friend of the court”—has long been recognized in American jurisprudence.
The first U.S. amicus. (A) Procedures to protect the rights of the child whenever the parents of the child are not known, the agency cannot, after reasonable efforts, locate the parents, or the child is a ward of the State, including the assignment of an individual to act as a surrogate for the parents, which surrogate shall not be an employee of the State educational agency, .
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