HeyJaredCriminal Law Department Presents
This podcast is part of The Quill & Sword series of podcasts created and hosted by The Judge Advocate General’s Legal Center and School (TJAGLCS).
- Indexed episodes, last 90 days
- 6
- Latest publication
- Sep 16, 2026
- Audience
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- Earliest in this view
- Jul 29, 2026
Latest episodes
Criminal Law Department Presents – CAAF Chats Ep 81: United States v. Maebane (C.A.A.F. 2026) (opens the original)
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In this episode, we review the residual hearsay exception under M.R.E. 807 and the Sixth Amendment right to present a complete defense under Chambers v. Mississippi. We examine whether the military judge arbitrarily excluded a third party's recorded confession and apology letter to the victim's parents, and whether admitting that evidence for impeachment alone infringed a weighty interest of the accused. We provide takeaways on the current trustworthiness standard, the line between judicial gate
Criminal Law Department Presents – CAAF Chats Ep 80: United States v. Ruiz & United States v. Brown (C.A.A.F. 2026) (opens the original)
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In this episode, we review the hearsay exception for prior consistent statements under M.R.E. 801(d)(1)(B) and the Frost and Finch factors that govern each subsection. We examine whether a victim's statements to law enforcement were admissible to rehabilitate credibility attacked on the “other ground” of faulty memory in Ruiz, and of inconsistency in Brown, along with CAAF's clarification of Ayala on when both subsections may apply. We provide takeaways on anticipating impeachment, making strate
Criminal Law Department Presents – CAAF Chats Ep 79: United States v. Malone (C.A.A.F. 2026) (opens the original)
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In this episode, we review the CAAF's ruling that a defense counsel's statement of “no motions” at arraignment constituted an affirmative, express waiver of a multiplicity challenge to duplicative Article 128b domestic violence specifications. We examine the tension between waiver and forfeiture, the majority's reliance on the absence of an ineffective assistance of counsel claim, and the dissent's concern that constitutional double jeopardy rights were relinquished without any showing the accus
Criminal Law Department Presents – CAAF Chats Ep 78: United States v. Hurtado (C.A.A.F. 2026) (opens the original)
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In this episode, we review whether a suspect's statement, “I would like to speak to a lawyer, but um, yeah,” was an unequivocal invocation of the right to counsel under Article 31, UCMJ principles. We examine how the Court of Appeals for the Armed Forces applied Edwards v. Arizona and Davis v. United States, and how the majority and dissent split over whether the words “but um, yeah” were meaningless filler words or introduced genuine ambiguity into the invocation. We provide takeaways for pract
Criminal Law Department Presents – CAAF Chats Ep 77: United States v. Suarez (C.A.A.F. 2025) (opens the original)
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In this episode, we review the interplay between unlawful command influence (UCI) and a plea agreement's waiver of all waivable motions. We examine whether a “waive all waivable motions” provision, confirmed through a judge's colloquy, forecloses appellate review of a UCI claim even when the accused later alleges his defense counsel misadvised him about its effect. We provide takeaways on the importance of thorough judicial inquiries into waiver provisions, precise and documented advice from def
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