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HANDOUTS

from

THE
2023 CONTINUING LEGAL EDUCATION
AND
TRAINING PROGRAM

of the

UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES

May 10-11, 2023

Antonin Scalia Law School, George Mason University
Van Metre Hall Multipurpose Room
3351 Fairfax Drive
Arlington, VA 22201

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(updated 5/9/23)

Wednesday, May 10, 2023

The Theft of the Crown Jewels of Hesse-Darmstadt: The Criminal Proceedings
and An Unusual Aftermath (SLIDES A & SLIDES B)
Frederic L. Borch, III, U.S. Army Judge Advocate General's Corps,
Regimental Historian and Archivist,
The Judge Advocate General's Legal Center and School;
Colonel, U.S. Army retired

Written Materials
Fred L. Borch III, The German Job: Theft of Hesse Jewels in WWII Led to High-Profile
Courts-Martial, Army Lawyer, Issue 1(2019)
Fred L. Borch, The Hesse Jewels Courts-Martial: The Rest of the Story,
Army Lawyer, Issue 2 (2019)

The New Military Judge Alone Sentencing & Guidelines (SLIDES)
Colonel Tyesha Lowery Smith, Chief Trial Judge,
U.S. Army Trial Judiciary and Chair of the Sentencing Parameters & Criteria Board

Written Materials
Section 539E of NDAA FY22, Pub. L. No. 117-81, 135 Stat. 1541, 1704 (2021)
DOD Legal Services Agency, Review of Recent Amendments to the Uniform Code of Military Justice and Sentencing Data Report (December 2021)

FY23 NDAA Changes to Appellate Jurisdiction and Their Ramifications (SLIDES)
Mr. Steven Haight, Chief Deputy Clerk of Court, U.S. Army Court of Criminal Appeals,
Lieutenant Colonel James Peter Ferrell, Military Justice and Discipline Directorate,
Commander Chad Temple, Criminal Law Division (OJAG Code 20),
Major Julie Borchers, U.S. Army Office of The Judge Advocate General, and
Lieutenant Commander Daniel P. Halsig, Office of Military Justice (CG-LMJ)

Written Materials
Article 66(b)(1) Forms
Article 66(b)(1) Office of the Staff Judge Advocate Notice
Amended Article 66, UCMJ, Process Notes
Articles 64 - 69, UCMJ, Line-In Line-Out Changes in FY22 and FY23
Updates to the Appellate and Post-Trial Rights and Post-Trial
Administrative Processing Form, Sidebar (April 2023)
Standardized Appellate and Post-Trial Rights and Post-Trial
Administrative Processing Form (April 2023)

Issues before the Defense Advisory Committee on Investigation, Prosecution, and
Defense of Sexual Assault in the Armed Forces (SLIDES)
Professor Suzanne Goldberg, Member of DAC-IPAD, and
Brigadier General James R. Schwenk, USMC retired, Member of DAC-IPAD

Written Material
Outline, Use of Data and Case Reviews in Issues Studied by the Defense Advisory Committee
on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces
(DAC-IPAD) (2023)

Digital Evidence (SLIDES)
Mr. Gary Korn, Office of Chief Counsel, Department of the Army CID,
Major ReAnne R. Wentz, Associate Professor, Criminal Law Department,
The Judge Advocate General's Legal Center and School,
and Mr. Ovie Carroll, Director, Cybercrime Lab, Computer Crime and Intellectual Property Section, Department of Justice

Written Material
Obtaining and Examining Digital Evidence (May 2023)

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Thursday, March 11, 2023

The Sherman-Winthrop Debate about Military Justice
Colonel William ("Bill") R. Hagan, U.S. Army retired

Written Materials
William R. Hagan, Colonel, U.S. Army, Retired, Publications and Public Speaking
Brief, The Sherman-Winthrop Debate: The 19th Century Jurisprudential Duel
about Military Law that Echoes Today (May 2023)

The Untrue History of Unsworn Statements (SLIDES)
Major Daniel F. Rendleman, U.S. Army

Written Material
Major Daniel F. Rendleman, The Untrue History of Unsworn Statements: From Bad History
to Bad Law and the Way Back to Reason, 10 Belmont Law Review 45 (2022)

The Seven Military Clauses in the U.S. Constitution (SLIDES)
Assistant Professor Robert Leider, Antonin Scalia Law School, George Mason University

Written Materials
Robert Leider and Gregory Maggs, Army Clause
Robert Leider and Gregory Maggs, Commander in Chief of Militia
Robert Leider and Gregory Maggs, Exceptions Clause
David F. Forte and Mackubin Owens with additions and revisions by Gregory E. Maggs and Robert Leider, Military Regulations
Robert Leider and Gregory Maggs, Militia Clause 1, Calling Forth
Robert Leider and Gregory Maggs, Militia Clause 2, Organization

Legal Issues Arising out of the Conflict in Ukraine
Professor Ed Swaine and Professor Laura Dickinson,
The George Washington University Law School

Written Materials
American Service Members Protection Act
ASIL Task Force on Policy Options for U.S. Engagement with the ICC
Rome Statute of the International Criminal Court, Articles 1 - 17
Edward T. Swaine, Outline - Legal Issues Arising out of the Conflict in Ukraine:
Use of Force Issues (May 2023)

Emerging Ethical Issues for Special Victims' Counsel (SLIDES)
Mr. Martin Mitchell, Veterans Law Judge, Board of Veterans' Appeals

Written Material
Brief, Emerging Ethical Issues for Special Victims' Counsel (May 2023)

Outside Activities for Military Judges and Counsel (SLIDES)
Mr. Martin Mitchell, Veterans Law Judge, Board of Veterans' Appeals

Written Material
Brief, Outside Activities for Military Judges and Counsel (May 2023)