57 - United States v. Buhl (ACCA) and an Elements Checklist

Send us Fan MailIn today's episode we discuss an interesting case from the Army Court of Criminal Appeals that involved successive courts-martial resulting in the ACCA dismissing the subsequent Charge and its Specification because the Convening Authority abused his discretion in not referring all known offenses to the original court-martial.  The subsequent prosecution amounted prosecutorial overreach and, therefore, an unreasonable multiplication of charges.  This gives us a chance to discuss multiplicity & UMC!  We also hear from Major Samantha Golseth who gives excellent advice to defenders; encouraging them to pull the elements of the offenses as early as possible and how to best use them as you prepare for, and put on, your defense at court-martial.