JAG CENTRALThe world's first weblog devoted to military justice and military law issues.
Friday, November 18, 2005
MILITARY CONVICTIONS ARE CONVICTIONS
O.k., so the issue in Oliver v. State, No. 1887-04-01 (Va. Ct. App. Oct. 18, 2005) wasn't as simple as the title of this post makes it out to be - but it was pretty close. "Oliver objected to this evidence [of his court-martial prior conviction], arguing that the criminal convictions were not convictions 'under the laws of . . . the United States' for purposes of Code § 19.2-295.1." (Id., slip. op. at 1). The court cites a list of cases in footnote 1, which is more than I could muster... I would probably say "But this is dumb. See 10 United States Code § 801-946."
The defense attorney had something interesting to say - suggesting that procedural protections under the UCMJ might violate the Constitution - but (1) that is a high hill to climb given Supreme Court and CAAF precedent, and (2) he didn't bother challenging Oliver's convictions. Thanks to Ken Lammers / CrimLaw for the link.
By the way: CONGRATULATIONS TO THE CENTRIST. I am insanely jealous.
The defense attorney had something interesting to say - suggesting that procedural protections under the UCMJ might violate the Constitution - but (1) that is a high hill to climb given Supreme Court and CAAF precedent, and (2) he didn't bother challenging Oliver's convictions. Thanks to Ken Lammers / CrimLaw for the link.
By the way: CONGRATULATIONS TO THE CENTRIST. I am insanely jealous.
