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

In 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. 

Chapters

• 1:28 United States v. Buhl
• 22:18 Effective Use of the Elements
• 36:22 Outro