36 - US v Valentin-Andino and Handling "Gotcha" Statements at Trial

Send us Fan MailIn this week's episode we break down United States v. Valentin-Andino, which is a published opinion from the Air Force Court of Criminal Appeals.  In it, the court clarifies that a deferment request is not a request for clemency, and then relies on fairness and procedural due process to find that, like clemency, where a convening authority considers matters submitted by a victim when acting on a deferment request, the convening authority must provide notice and an opportunity to respond to the defense.  Major Allen Abrams then discusses how to ensure "gotcha" statements are admitted for the proper purpose at courts-martial.