Criminal Law Department Presents

Criminal Law Department Presents – CAAF Chats Ep 80: United States v. Ruiz & United States v. Brown (C.A.A.F. 2026)

In this episode, we review the hearsay exception for prior consistent statements under M.R.E. 801(d)(1)(B) and the Frost and Finch factors that govern each subsection. We

Criminal Law Department Presents – CAAF Chats Ep 79: United States v. Malone (C.A.A.F. 2026)

In this episode, we review the CAAF's ruling that a defense counsel's statement of “no motions” at arraignment constituted an affirmative, express waiver of a multiplicit

Criminal Law Department Presents – CAAF Chats Ep 78: United States v. Hurtado (C.A.A.F. 2026)

In this episode, we review whether a suspect's statement, “I would like to speak to a lawyer, but um, yeah,” was an unequivocal invocation of the right to counsel under A

Criminal Law Department Presents – CAAF Chats Ep 77: United States v. Suarez (C.A.A.F. 2025)

In this episode, we review the interplay between unlawful command influence (UCI) and a plea agreement's waiver of all waivable motions. We examine whether a “waive all w

Criminal Law Department Presents – CAAF Chats Ep 76: United States v. Gonzalez (C.A.A.F. 2025)

In this episode, we review the notice requirements for an offense of conduct unbecoming an officer under Article 133.  We examine preemption rules and whether an accused

Criminal Law Department Presents – CAAF Chats Ep 75: United States v. Batres (C.A.A.F. 2025)

In this episode, we discuss the meaning of the term transaction under Rule for Courts-Martial 1002(d)(2)(B)(i). We review when sentences to confinement for multiple offen

Criminal Law Department Presents – CAAF Chats Ep 74: United States v. Downum (C.A.A.F. 2025)

In this episode, we review the sufficiency of evidence to sustain a conviction of wrongful use of a controlled substance under Article 112a, UCMJ. Specifically, we addres

Criminal Law Department Presents – CAAF Chats Ep 73: The 53rd Hodson Lecturer George Brauchler

In this episode, we sit down with George Brauchler, the 53rd Kenneth J. Hodson Lecturer in Criminal Law at The Judge Advocate General’s Legal Center and School. Mr. Brauc

Criminal Law Department Presents – CAAF Chats Ep 72: United States v. Lopez (C.A.A.F. 2025)

In this episode, we review the authority of Courts of Criminal Appeals to grant appropriate relief for errors after entry of judgment. We discuss whether a CCA can provid

Criminal Law Department Presents – CAAF Chats Ep 71: United States v. Roan (C.A.A.F. 2025)

In this episode, we discuss discovery obligations in the context of an innocent ingestion defense to an allegation of wrongful use of a controlled substance under Article

Criminal Law Department Presents – CAAF Chats Ep 70: United States v. Campos (C.A.A.F. 2025)

In this episode, we address victim impact statements under R.C.M. 1001(c). Specifically we discuss the inclusion of uncharged misconduct by the accused in the unsworn sta

Criminal Law Department Presents – CAAF Chats Ep 69: United States v. Urieta (C.A.A.F. 2025)

In this episode, we examine for cause challenges to panel members, specifically an implied bias challenge based on comments regarding an accused that retains civilian def

Criminal Law Department Presents – CAAF Chats Ep 68: United States v. Secord (C.A.A.F. 2025)

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 pho

Criminal Law Department Presents – CAAF Chats Ep 67: United States v. Arroyo (C.A.A.F. 2026)

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 of

Criminal Law Department Presents – CAAF Chats Ep 66: United States v. Moore; United States v. Hennessy, and United States v. Serjak (C.A.A.F. 2026)

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 rece

Criminal Law Department Presents – CAAF Chats Ep 65: United States v. Saul (C.A.A.F. 2025)

In this episode, we address providency and the applicability of permissive inferences in guilty pleas. We also discuss practical considerations for counsel in making char

Criminal Law Department Presents – CAAF Chats Ep 64: United States v. Leese (C.A.A.F. 2025)

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

Criminal Law Department Presents – CAAF Chats Ep 63: United States v. Davis (C.A.A.F. 2025)

In this episode, we discuss changes in the detailed military judge and distinctions between reassignment, removal, disqualification, and recusal. We examine how these dis

Criminal Law Department Presents – CAAF Chats Ep 62: United States v. Johnson (C.A.A.F. 2025)

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 pos

Criminal Law Department Presents – CAAF Chats Ep 61: United States v. Greene-Watson (C.A.A.F. 2025)

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 Evi