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26 Feb 2008, 12:17 pm
Both the majority and the dissent bring their A game and make their respective cases as well as they could be made.The issue that splits the majority of Judge Stucky, Chief Judge Effron and Judge Baker from the dissent of Judge Ryan and Judge Erdmann is whether CAAF has jurisdiction to review a CCA's ruling on an Article 62 appeal. [read post]
25 Feb 2008, 2:04 pm
Judge Baker wrote for the majority with Judge Stucky concurring in the result and Judge Ryan concurring.Airman Cucuzzella and his wife attended a new parent program run by a family advocacy nurse aboard an Air Force base. [read post]
14 Feb 2008, 3:20 pm
Judge Stucky dissented.CAAF also held that in this case, it was insufficient that during the providence inquiry, the military judge elicited Staff Sergeant Medina's agreement that his conduct was actually service discrediting. [read post]
14 Feb 2008, 2:54 pm
Judge Baker joined by Judges Erdmann, Stucky, and Ryan. [read post]
1 Feb 2008, 11:13 am
Judge Stucky wrote for a unanimous court. [read post]
11 Dec 2007, 4:33 pm
Greetings from the frozen mid-West.There has been some interesting commentary on the subject of the effect of computer and phone monitoring on military defense counsel's ability to have privileged communications with their clients.LeEllen Coacher, who is now on Judge Stucky's staff at CAAF, wrote an interesting Air Force Law Review article that addressed that issue. [read post]
30 Nov 2007, 2:53 pm
Judge Stucky's opinion for the Court reasoned:With minor exceptions for capital cases, a "court-martial panel, like a civilian jury, returns a general verdict and does not specify how the law applies to the facts, nor does the panel otherwise explain the reasons for its decision to convict or acquit. [read post]
30 Nov 2007, 9:57 am
Judge Stucky for a unanimous court upholding an unpublished ACCA ruling for the government.Today's ruling results in Guert winning this year's pool. [read post]
14 Nov 2007, 1:00 pm
So if Judge Erdmann takes the same position he did in Leak, he will likely join the apparent Effron-Baker-Stucky majority. [read post]
22 Oct 2007, 1:54 pm
Adcock, 65 M.J. 18, 29 (C.A.A.F. 2007) (Stucky, J., dissenting).The Junior case was tried well before Adcock -- in December 2005. [read post]
10 Oct 2007, 10:15 am
Stucki Co., 727 F.2d 1506, 1515 (Fed. [read post]
10 Oct 2007, 5:59 am
Programs Roy Stucky (South Carolina): Put Students First Tom Ulen (Illinois): A 3L Capstone Course Lot's of interesting & some good advice, including the following from Leiter:There are already scholars of great distinction at Irvine whose work is of relevance to legal scholarship â€â [read post]
3 Oct 2007, 2:59 pm
While the per curiam order isn't signed, the process of elimination tells us it was joined by Chief Judge Effron, Judge Baker, and Judge Stucky. [read post]
6 Sep 2007, 4:36 pm
While it was billed as primarly for new counsel, I don't think any of the experienced counsel who attended were disappointed that they did.Firs the headline news -- the highly regarded LeEllen Coacher of Judge Stucky's chambers reported that Judge Stucky and every lawyer in his chambers HATES the Garnerian style of putting citations of authority in footnotes rather than in the main text. [read post]
5 Sep 2007, 9:35 am
Matthew Stucky, a newly admitted attorney in San Diego, launched the Cal. [read post]
20 Jul 2007, 12:51 pm
Today's State Journal reports on Kanawha County Circuit Judge Stucky's granting of a preliminary injunction halting the West Virginia Health Care Authority from moving forward with a demonstration program that would enable three West Virginia hospitals to perform therapeutic angioplasties without having open heart backup services. [read post]
18 Jul 2007, 2:50 pm
Pena was a CAAF decision issued during the waning days of the Era of Three Part Harmony before Judges Stucky and Ryan began participating in CAAF decisions. [read post]
22 Jun 2007, 6:36 pm
Since Judges Stucky and Ryan joined the court, CAAF has heard oral argument in 36 cases. [read post]
22 Jun 2007, 3:37 pm
Maybe that's why the military judge sentenced Erickson to confinement for life with eligibility for parole rather than LWOP.Judge Stucky, joined by Judge Baker, issued a separate opinion to take issue with a portion of the majority's rationale. [read post]
22 Jun 2007, 2:47 pm
Judge Stucky says no, relying on both indications that the accused had authorized such use and the defense's invitation to the military judge to use them on the contested offense, thus implicating the invited error doctrine.Most interesting to me is that the majority actually relies on Jackson v. [read post]
