The Quill & Sword | CAAF Chats Ep 58: United States v. Patterson (C.A.A.F. 2025)

In this episode, we discuss the legal sufficiency and notice requirements for attempt offenses under Article 80. We additionally talk about plain error review and interpretation of a charge and specification based on the conduct of the parties at trial. We also welcome Macy Peele, a summer intern at TJAGLCS. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

In this episode, we discuss the authority of CAAF to review factual sufficiency determinations of Courts of Criminal Appeals. We further address variance involving dates of the charged offense and changes to the specifications under R.C.M. 603. We also welcome LTC Michael Scaletty, Chair, Criminal Law Department, and Jackson Trout, a summer intern at TJAGLCS. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

In this episode, we discuss the issue of recusal of the Military Judge for Appearance of Bias based on his prior role as the Special Victim Prosecutor in the same jurisdiction and during the timeframe of the alleged offenses. We further discuss the applicability of the Fourth Amendment in the context of apparent authority from third-party consent. We additionally say goodbye and thank you to MAJ ReAnne Wentz on her last podcast and welcome Jack Bracher, a summer intern at TJAGLCS. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

In this episode we discuss the applicability of the Fourth Amendment in the context where a private actor takes the property of another person and gives it to law enforcement. We address the particularity requirement under Military Rule of Evidence 311, requests for return of property from law enforcement, and the exclusionary rule. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

In this episode we discuss unenumerated Article 134 offenses and whether a specification states an offense. We cover mens rea, wrongfulness, and the maximum liberality standard of review, as well as practical takeaways for charging decisions and timing trial objections. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

In this episode, Major Ceara Riggs, Associate Professor in the Administrative and Civil Law Department (ADA) at The Judge Advocate General's Legal Center and School (TJAGLCS) interviews Ms. Traci Voelke, Legal Assistance Attorney at Fort Belvoir and Gold Star Spouse. Ms. Voelke discusses various benefits available to the surviving spouses and children of Service members who have died while serving. Ms. Voelke explains the importance of available benefits, the timelines and processes for electing such benefits, and how various benefits interact or offset each other so families can make informed decisions and Judge Advocates can appropriately advise commanders. Ms. Voelke’s husband, MAJ Paul Voelke, was killed in Afghanistan in 2012 while on his fifth deployment. Despite being the family care team coordinator for her husband’s unit, she was not prepared for the myriad of benefit complexities that ensued but has since learned about the benefits available and advocated for additional benefits for surviving family members. Outside of her military work, she also serves as a board member and Survivor Outreach Coordinator for the 98 Fund / the Alaska Project, advises the Chief of Staff of the Army and the Chairman of the Joint Chiefs on issues affecting military survivors as part of the Survivor Advisory Working Group, and recently served on the DoD working group, “Making Your Final Wishes Known.”

In this Podcast, the Talent Management Office (TMO) and Plans, Programs, and Policies (P3) teams provide an overview of JAG Corps Promotion Selection Boards. This session features MAJ Shaloe Green and MAJ Emily McElroy, Plans Officers from P3, and Mrs. Kelly Yandall, Administrative Specialist from TMO, and together they share information and updates on promotion selection boards, the new My Board File and Army Selection Board System (ASBS) 2.0, commons concerns, and how to address concerns or errors in your board records. For more promotion selection board information and resources, visit HRC Selection Boards at: https://www.hrc.army.mil/content/Selection%20Boards%20Frequently%20Asked%20Questions TMO “Promotion Boards” tab on JAGCNet – https://www.jagcnet2.army.mil/Sites/TMO.nsf Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

In this special episode we sit down with Professor David Schlueter after delivering the Prugh Lecture at TJAGLCS. We discuss the 75th anniversary of the UCMJ and persistent issues throughout the history of military justice. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

In this episode, LTC Chris Kinslow and MAJ Curtis Cranston, Associate Pro-fessors in the Administrative and Civil Law Department (ADA) at The Judge Advocate General's Legal Center and School (TJAGLCS) interview LTC Jen-na Ferrell, Chief of the Litigation Branch at the Army Environmental Law Divi-sion (ELD), which is part of the U.S. Army Legal Services Agency at Fort Bel-voir. LTC Ferrell introduces the audience to the broad range of environmental law challenges and opportunities facing the Army and ELD’s role in represent-ing the Army in environmental litigation matters. LTC Ferrell discusses ELD’s structure and responsibilities and its interface with the Department of Justice and state and local governments. This is an area of law unfamiliar to most Judge Advocates, and the purpose of this podcast is to provide general expo-sure to the topic and educate Army attorneys on basic issue spotting of possible environmental law issues and where to reach out for help.

In this episode we examine the changes to Article 131 and what “endeavoring to seize” means in the statutory scheme. In the process we examine the history of this new article, its implementation under MJA 2016, and charging strategies. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).