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17 Jul 2008, 11:15 pm
Judges Stucky & Ryan6. [read post]
9 Jul 2008, 5:06 pm
July 9, 2008).Judge Stucky, who wrote the opinion of the court, offers this helpful synopsis:We granted Appellant's petition to determine whether the military judge abused his discretion when he admitted into evidence the victim's out-of-court statements accusing her father of indecent acts over a defense objection that admission violated Military Rule of Evidence (M.R.E.) 807 and the Sixth Amendment to the Constitution. [read post]
27 Jun 2008, 5:50 pm
Stucky, No. 05-1157-JTM-DWB, 2006 WL 763668, at *3 (D. [read post]
26 Jun 2008, 5:30 pm
June 26, 2008).In an opinion written by Chief Judge Effron, a three-judge majority held that the Air Force Court of Criminal Appeals erred by affirming the findings and sentence where the appellate defense counsel had neither read the record of trial nor filed any substantive submission on behalf of the accused and where the court had not taken adequate steps to inform the accused that: (1) it was proceeding without a brief from counsel and (2) he could vindicate his right to counsel in alternate… [read post]
21 Jun 2008, 9:12 pm
United States, 66 M.J. 114 (C.A.A.F. 2008), CAAF ruled 3-2 (Judges Stucky and Ryan dissenting) that CAAF retained jurisdiction to issue a writ of error coram nobis eight years after appellate review of a court-martial was complete.In United States v. [read post]
13 Jun 2008, 10:06 pm
CAAF split 3-2 today, ruling that a possible conflict of interest by a trial defense counsel's overlapping assignments as a DC and a TC required additional factfinding. [read post]
4 Jun 2008, 5:17 pm
Judge Baker wrote for himself, Chief Judge Effron, and Judge Stucky. [read post]
30 May 2008, 3:17 pm
Judge Stucky dissented.In United States v. [read post]
27 May 2008, 4:06 pm
Judge Stucky wrote for the majority, joined by Judges Erdmann and Ryan. [read post]
22 May 2008, 4:37 pm
., slip op. at 8.Judge Stucky wrote for a majority consisting of himself, Chief Judge Effron, and Judge Erdmann. [read post]
21 May 2008, 2:46 pm
Judge Stucky wrote for a majority consisting of him, Judge Erdmann, and Judge Ryan. [read post]
14 May 2008, 11:39 am
May 14, 2008).Both of them were written by Judge Erdmann and in both of them Chief Judge Effron, joined by Judge Stucky, dissented. [read post]
6 May 2008, 4:13 pm
Judge Erdmann wrote for the majority and Judge Stucky dissented. [read post]
1 May 2008, 11:04 am
" In the absence of such evidence, the court concluded, the appellant was due no relief.Judge Stucky cautioned, however, that the decision should not be treated as a blank check for confinee monitoring: "a case in which an appellant can articulate particularized prejudice (let alone one in which the fruits of such eavesdropping were used at trial) would raise far more acute issues. [read post]
25 Mar 2008, 10:51 am
CAAF issued a unanimous opinion by Judge Stucky today in United States v. [read post]
18 Mar 2008, 12:10 pm
" Perez, slip op. at 3.In a separate opinion concurring in the result, Judge Stucky writes that the Air Force Court's action was within the authority recognized by existing CMA/CAAF precedent, but suggests that such precedent improperly constrains what Congress intended to be the CA's unlimited discretion.Judge Stucky observes:In United States v. [read post]
16 Mar 2008, 6:29 pm
For my taste, the most successful of the soloists was tenor Brian Stucki, singing the supporting role of Achicam, "a pious Israelite. [read post]
15 Mar 2008, 8:08 pm
At the beginning of the concert, Neikrug came out front with composer Steven Stucky, described in the program as "host", for a brief presentation about his work with Gilbert conducting some examples. [read post]
13 Mar 2008, 3:38 pm
According to Judge Stucky, at the time of trial a lab report was plainly admissible without Confrontation Clause difficulties under the well-established business record hearsay exception. [read post]
12 Mar 2008, 3:46 pm
Judge Stucky also wrote a concurring opinion. [read post]
