
Hosted by The Judge Advocate General's Legal Center and School · EN

In this episode, we review the interpretation of possession, custody, or control under R.C.M. 701, where defense counsel requests access to the data within the seized phone of the accused that the government is unable to unlock. We clarify the intersection between discovery rules and the Fourth Amendment, discuss the distinction between seizure of an electronic device and the data contained within, and provide takeaways for the field. 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 discuss the scope of sentence appropriateness and whether Courts of Criminal Appeals may consider the terms of a plea agreement in their review. We offer practical considerations for trial practitioners in drafting plea agreements in light of the CAAF’s opinion. 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 discuss the legal and factual sufficiency of evidence considered in Article 120(b)(2)(A) – sexual assault without consent cases in light of CAAF’s recent Mendoza and Casillas opinions. We discuss at length the three legal principles established in Moore to resolve the certified question in all three cases – whether the Air Force Court of Criminal Appeals erred in applying United States v. Mendoza to find appellee’s sexual assault conviction [legally] and factually insufficient. 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 address providency and the applicability of permissive inferences in guilty pleas. We also discuss practical considerations for counsel in making charging decisions, preparing clients for the guilty plea colloquy, and draft stipulations of fact. 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/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

In this episode, we review the application of confinement credit under United States v. Pierce to cases involving segmented sentences. We also discuss practical takeaways for charging decisions and advising clients. 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/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

In this episode, we discuss changes in the detailed military judge and distinctions between reassignment, removal, disqualification, and recusal. We examine how these distinctions affect the applicable prejudice test for alleged errors during appellate review. We also welcome ROTC Cadets Reagan Aylor and Taos Dye, interns at TJAGLCS. 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/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

In this episode we discuss the jurisdiction and authority of the Courts of Criminal Appeals and the Court of Appeals for the Armed Forces to address alleged errors in post-trial actions that indicate firearms restrictions under 18 U.S.C. § 922. We cover distinctions from the CAAF’s Williams opinion from last term, timing for when the judgment is entered into the record, and the specific authority of the Courts of Criminal Appeals to provide appropriate relief for errors after the judgment is entered. 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/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

In this episode we examine the admission of uncharged acts occurring months after the alleged offenses for the purpose of common plan or scheme under Military Rule of Evidence 404(b). We discuss application of the Reynolds test, the decision in Hyppolite on common plan or scheme, the Wet Bandits from the 1990 American Christmas comedy film Home Alone, prejudice in appellate review, and distinctions in legal precedent in a fractured opinion. We also say thank you and farewell to Major Dustin Morgan on his last podcast. 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/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

In this episode we discuss the constitutionality of Article 120 and distinctions from CAAF’s recent Mendoza opinion. We also cover the other granted issues addressing questions of legal sufficiency, panel member bias, special instructions on intoxication and consent, and collateral consequences under 18 U.S.C. § 922. 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/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

In this episode, we discuss the legal sufficiency and notice requirements for attempt offenses under Article 80. We additionally talk about plain error review and interpretation of a charge and specification based on the conduct of the parties at trial. We also welcome Macy Peele, a summer intern at TJAGLCS. 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/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).