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15 Apr 2011, 2:17 pm
As the result of Jones, crimes charged under Clauses 1 and 2 of Article 134 that were previously considered LIOs of enumerated offenses found in the rest of the UCMJ's punitive articles are no longer valid LIOs.Judge Ryan wrote 2 of the opinions, and Judge Stucky wrote one. [read post]
29 Mar 2010, 4:34 pm
As Judge Stucky explains in delivering the judgment (but not opinion) of the court, after Cadet Smith lost before the Coast Guard Court, he sought reconsideration. [read post]
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]
11 Jul 2009, 7:05 pm
Judge Stucky's opinion is the only one of the three to expressly address this issue. [read post]
1 Feb 2010, 2:08 pm
Judge Stucky concurred in the result, opining that the 145-days of pretrial confinement with 106 days attributable to the government shouldn’t even trigger an Article 10 analysis. [read post]
25 Jan 2007, 2:19 pm
Teaching point: trial counsel, make sure the judge makes a record of implied bias issues and why he did not liberally grant challenges when implied bias arises.Judges Stucky and Ryan did not participate in these decisions. [read post]
7 Nov 2011, 12:00 am
Stucky and Margaret A. [read post]
22 Jun 2007, 1:56 pm
But not reversible, ruled a three-judge majority of Judges Stucky, Baker, and Erdmann. [read post]
16 Aug 2011, 1:13 pm
Claire Zillman writes for The AmLaw Daily: "The Keatings complaint alleges that Joffe suggested Notz Stucki & Cie as one of two managers for a trust established in 2008. [read post]
11 May 2011, 12:00 pm
Stucky. [read post]
21 Jun 2007, 2:09 pm
But Judge Ryan, joined by Judges Erdmann and Stucky, upheld the military judge's ruling that the defense counsel had not shown good cause to excuse his failure to raise the issue pretrial. [read post]
29 Oct 2008, 12:09 am
On Tuesday, CAAF issued its second opinion of the court for the term.Judge Stucky wrote for a unanimous court, overturning a published NMCCA decision dealing with post-trial processing on remand. [read post]
25 Feb 2010, 2:09 pm
Judge Stucky concurred in the result, opining that assault consummated by a battery isn’t an LIO of indecent acts with a child. [read post]
5 Dec 2008, 10:49 am
His rankings for pairing with J Stucky and J Baker were similarly close, ranking 7 and 6, respectively. [read post]
4 Dec 2008, 11:11 pm
Dec. 4, 2008).Judge Stucky wrote for a three-judge majority in Crudup consisting of himself and Judges Erdmann and Ryan. [read post]
3 Mar 2012, 6:59 am
I leave it to others to explain why Judge Stucky’s common-sense approach is unworkable under the UCMJ. [read post]
22 Jul 2012, 5:33 pm
Just behind Judge Stucky was Judge Erdmann, who joined 26 of the 33 opinions of the court. [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]
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]
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]
