Friday, March 15, 2024

An era of change

"It is true that the '[Courts of Criminal Appeals (CCAs)] are presumed to know the law and [to] follow it.' United States v. Chin, 75 M.J. 220, 223 (C.A.A.F. 2016). However, this can be a hazardous legal path to tread when, as here, the CCAs are applying a new statutory provision. We have entered an era where there are many changes afoot in the military justice system. Mischief will result if this Court fails not only to provide crisp, clear guidance to the CCAs about the practical effects of those changes, but also if it fails to ensure that the CCAs are scrupulously adhering to the legal and analytical obligations that those changes have placed upon them."

Ohlson, C.J., concurring in part & dissenting in part, United States v. Flores (C.A.A.F. Mar. 14, 2024), at 14. Judge M. Tia Johnson joined in the opinion. [H/T to CDR Phil Cave across the pier.]

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