106 - A Whole Lot of “Chutzpah”

Send us Fan MailThis week, Sam and Trevor cover two cases, United States v. Braum, __M.J.__, No. 25-0046/AF, 2026 CAAF LEXIS 343 (C.A.A.F. Apr. 8, 2026), and United States v. Talley, No. ACM 40828, 2026 CCA LEXIS 171 (A.F. Ct. Crim. App. Apr. 9, 2026). In Braum, another divided Court of Appeals for the Armed Forces (CAAF) found there was no prejudice when the Government refused to turn over the complaining witness’s cellphone extraction in its possession, custody, or control. The duo lament how the lead opinion did not answer whether the military judge erred by failing to order disclosure of the phone to the defense. But the two are hopeful that the CAAF may soon answer that question in United States v. Wicks, __M.J.__, No. 26-0062/AR, 2026 CAAF LEXIS 302 (C.A.A.F. Apr. 3, 2026). In better news, the Air Force Court of Criminal Appeals found that the military judge abused his discretion by excluding evidence under Mil. R. Evid. 412 and set aside the finding of guilt for a sexual assault conviction. As Sam and Trevor explain, both cases deal with complaining witnesses turning their rights into a sword against the accused and what trial defenders can do to disarm such “chutzpa[dik]” witnesses. See Braum, __M.J.__, No. 25-0046/AF, 2026 CAAF LEXIS 343, at *28 (Ohlson, C.J., dissenting) (labeling the colloquial terms for the victim’s approach as “chutzpah”).Note: We apologize for any audio issues you may notice during listening. We are aware of the microphone issues and are working to fix it for future episodes. As always, we welcome your questions, comments, and feedback at [email protected]!