46 - Counterman v. Colorado & RCM 707 v. Plea Agreement

Send us Fan MailIn this week's episode we discuss the recent Supreme Court case of Counterman v. Colorado, where the Court held that a state criminal statute criminalizing stalking based on communications alone violated the First Amendment.  The Colorado statute allowed for a conviction based upon proof that the defendant knew he made the communications and that the victim reasonably suffered serious emotional distress from the communications.  The Court held that the First Amendment required Colorado to prove that the defendant knew that, or was reckless as to whether, his communications would likely cause serious emotional distress.  The case will impact Article 130 (Stalking) in the UCMJ although it will likely not impact Article 115 (Communicating a Threat).  This episode also includes a dispatch from Captain Heather Bezold, who shares her recent experience ensuring that her client was able to have his motion to dismiss for speedy trial violations heard and still benefit from a favorable plea agreement.