US v. Stoltz, No. 11-30297 (6-27-13)(Fisher with Gould and Paez).
US v. Stoltz, No. 11-30297 (6-27-13)(Fisher with Gould and Paez).
The Coast Guard serviceman had child porn. The service went with a nonjudicial punishment, without informing the defendant he could go with a court martial, and therefore have a double jeopardy bar. Because of this failure to inform, which was a due process violation, the district court dismissed for double jeopardy. The 9th decided that it wasn't. Nonjudicial punishment, even n the military context, does not invoke double jeopardy. Failure t inform him of the court martial option was not of such a nature as to implicate jeopardy.
The decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2013/06/27/11-30297.pdf
The Coast Guard serviceman had child porn. The service went with a nonjudicial punishment, without informing the defendant he could go with a court martial, and therefore have a double jeopardy bar. Because of this failure to inform, which was a due process violation, the district court dismissed for double jeopardy. The 9th decided that it wasn't. Nonjudicial punishment, even n the military context, does not invoke double jeopardy. Failure t inform him of the court martial option was not of such a nature as to implicate jeopardy.
The decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2013/06/27/11-30297.pdf
posted by Jon Sands at 7/01/2013 03:05:00 PM
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