Professional Documents
Culture Documents
United States v. Garlick, C.A.A.F. (2005)
United States v. Garlick, C.A.A.F. (2005)
v.
Jason P. GARLICK, Senior Airman
U.S. Air Force, Appellant
No. 04-0669
Crim. App. No. 35298
United States Court of Appeals for the Armed Forces
Argued April 12, 2005
Decided August 25, 2005
CRAWFORD, J., delivered the opinion of the Court, in which
GIERKE, C.J., and EFFRON and ERDMANN, JJ., joined. BAKER, J.,
filed a separate concurring opinion.
Counsel
For Appellant: Captain L. Martin Powell(argued); Colonel Carlos
L. McDade and Major Sandra K. Whittington (on brief); Major
Terry L. McElyea.
For Appellee: Major John C. Johnson (argued); Lieutenant Colonel
Gary F. Spencer and Lieutenant Colonel Robert V. Combs (on
brief).
Melissa R. Covolesky (law student)
Ann D. Shane
The convening
On December 10,
January 22, 2001, is the date the FBIs subpoena was served on
Yahoo; the affidavit does not give the date of Yahoos response
or the effective date of the information contained therein.
In
10
11
12
Even
10
ACC:
MJ:
ACC:
That omission, as
13
Under these
12
R.C.M. 910(j).
But a valid
United
United States v.
At the
United States
R.C.M. 701(d).
Id. at 327.
Franks v.
Because the
At least three
Indeed,
Someone
Thus, the
Here, Appellant
of actual prejudice.
Finally, I find it significant that Appellant did not
assert his plea was improvident in the clemency package or
in a post-trial session in front of the military judge.
He
United States v.