Government

Criminal Law Department Presents

by The Judge Advocate General's Legal Center and School

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Latest episodes

Criminal Law Department Presents – CAAF Chats Ep 82: United States v. Braum (C.A.A.F. 2026)

October 14, 2026 · 22 min

In this episode, we review the discovery and disclosure rules under R.C.M. 701 and R.C.M. 703, highlighting the tension between a victim's Fourth Amendment privacy rights in digital evidence and the accused's statutory right to discovery…
Criminal Law Department Presents – CAAF Chats Ep 81: United States v. Maebane (C.A.A.F. 2026)

September 16, 2026 · 15 min

In this episode, we review the residual hearsay exception under M.R.E. 807 and the Sixth Amendment right to present a complete defense under Chambers v. Mississippi. We examine whether the military judge arbitrarily excluded a third…
Criminal Law Department Presents – CAAF Chats Ep 80: United States v. Ruiz & United States v. Brown (C.A.A.F. 2026)

September 9, 2026 · 26 min

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 examine whether a victim's statements to law enforcement were…
Criminal Law Department Presents – CAAF Chats Ep 79: United States v. Malone (C.A.A.F. 2026)

August 19, 2026 · 34 min

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 multiplicity challenge to duplicative Article 128b domestic violence…
Criminal Law Department Presents – CAAF Chats Ep 78: United States v. Hurtado (C.A.A.F. 2026)

August 12, 2026 · 11 min

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 Article 31, UCMJ principles. We examine how the Court of Appeals for…

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

August 5, 2026 · 17 min

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 waivable motions” provision, confirmed through a judge's colloquy…
Criminal Law Department Presents – CAAF Chats Ep 76: United States v. Gonzalez (C.A.A.F. 2025)

July 29, 2026 · 15 min

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 has fair notice that kissing a junior enlisted trainee constitutes…
Criminal Law Department Presents – CAAF Chats Ep 75: United States v. Batres (C.A.A.F. 2025)

June 17, 2026 · 19 min

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 offenses should run concurrently or consecutively. We also address…
Criminal Law Department Presents – CAAF Chats Ep 74: United States v. Downum (C.A.A.F. 2025)

June 10, 2026 · 18 min

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 address the standard required to trigger the permissive inference to prove…
Criminal Law Department Presents – CAAF Chats Ep 73: The 53rd Hodson Lecturer George Brauchler

June 3, 2026 · 1 hr 0 min

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. Brauchler is the elected District Attorney for Colorado’s 23rd Judicial…
Criminal Law Department Presents – CAAF Chats Ep 72: United States v. Lopez (C.A.A.F. 2025)

May 27, 2026 · 11 min

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 provide backpay as a lawful remedy for illegal post-trial confinement. We…
Criminal Law Department Presents – CAAF Chats Ep 71: United States v. Roan (C.A.A.F. 2025)

May 20, 2026 · 15 min

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 112a, UCMJ. We review the standard under Brady v. Maryland and offer…

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About the show

This podcast is part of The Quill & Sword series of podcasts created and hosted by The Judge Advocate General’s Legal Center and School (TJAGLCS). Produced by the TJAGLCS Criminal Law Department, the podcast offers a 10-20 minute discussion about every published CAAF opinion—"CAAF Chats"—as well as a curated assortment of selected topics related to military justice - "Military Justice Grab Bag." Two shows, one channel. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.