U.S. Army Court of Criminal Appeals to Hear Case at Yale Law School

The U.S. Army Court of Criminal Appeals will hear the case United States v. Miller at the Law School on January 29, 2019 at 6:15 p.m. in Room 122. The live argument is hosted by the Yale Law National Security Group.

After being convicted by a military judge of one specification of violating a lawful general order and one specification of possessing child pornography, Sergeant First Class (SFC) (Retired) Michael D. Miller was sentenced to 15 months confinement. After reviewing SFC (R) Miller’s clemency submissions, the convening authority approved the findings and sentence as adjudged.

Through his appellate defense counsel, SFC (R) Miller raised one assignment of error for the court’s consideration, namely, whether the military judge erred in denying the appellant’s motion to suppress the evidence seized from his quarters.

Appellate counsel from the U.S. Army’s Defense Appellate Division and Government Appellate Division will argue on behalf of appellant and the government, respectively. The defense will present argument first, with the government responding afterwards. Each side is allotted 30 minutes for argument; defense counsel, if they wish, may reserve a portion of that time for rebuttal.

The Court’s visit is “important to enhancing public understanding and fostering public confidence in the military justice system,” said Florence Rogatz Visiting Lecturer in Law Eugene Fidell. The live hearing also underscores “the Law School’s sustained interest in military justice,” he said.

The U.S. Army Court of Criminal Appeals, the Army’s highest court, traces its lineage to 1920. Currently, the U.S. Army Court of Criminal Appeals is composed of three judicial panels, each with three appellate judges (one of whom is the senior judge) and a commissioner (staff attorney).