There are very few fact patterns I can see domestic violence taking a back seat to, and yet this case found a way. My interest in this case was two fold. First, I wanted to know how the Army didn't notice that at least 11 blocks of explosives went missing. Second, I wanted to know just how creatively an appellate court could apply the principles of waiver and forfeiture. Unfortunately for all of us, but perhaps most particularly for the inhabitants of Anchorage, I don't really have an explanation for the first issue, only more questions. As to the second, I think CAAF undertook some really fancy footwork to course correct what I perceive to be a misstep by the Army Court of Criminal Appeals, but all without setting down a hard and fast rule for future cases.

For more information on intimate partner violence, I urge you to explore Alliance For Hope and their Family Justice Center Alliance. If you need help finding shelter in your area, please visit DomesticShelters.org. Last, but not least, many law schools and courthouses offer free legal assistance for people seeking protective restraining orders.

I relied on the the ACCA opinion and related materials as well as the CAAF opinion. I'm also sharing a copy of Article 128b of the UCMJ so you can decide if it means anything that subdivision 5 is different than subdivision 1.

Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you hit play today. I'm happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!

Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it's obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense or whatever name they go by socially now. I am not a military JAG and have never been a military JAG. While I'm a practicing attorney, I don't do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.

In my previous work, I used to visit a lot of family courts for restraining order calendars. During a memorable court appearance, the woman seeking a restraining order asked the judge if she could use her phone to play videos the other party posted on his public Instagram. The judge allowed it and eventually hit play. A lengthy diatribe and threatening language to the judge, court, and judicial process filled the air, prompting the bailiff, a retired Marine, to move behind the respondent just in case. As I stared at the back of that man's head, I wondered what would motivate him to commit a threat to video and then to upload it to Al Gore's internet for anyone to see. The takeaway is almost certainly, "don't commit something to video you wouldn't want played in court." That is perhaps doubly true in the contentious downfall of a relationship. Unfortunately for Lieutenant Colonel Ellis, this advisement is coming a bit late.

For more information on intimate partner violence, I urge you to explore Alliance For Hope and their Family Justice Center Alliance. If you need help finding shelter in your area, please visit DomesticShelters.org. Last, but not least, many law schools and courthouses offer free legal assistance for people seeking protective restraining orders.

I relied on the ACCA opinion and briefing as well as the opinion from CAAF.

Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you hit play today. I'm happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!

Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it's obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense or whatever name they go by socially now. I am not a military JAG and have never been a military JAG. While I'm a practicing attorney, I don't do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.

Something specific I like about my current job is that the annual performance review is entirely predictable. We get pretty continuous feedback, so we know where we stand and what that annual review will actually look like. In previous jobs, an annual review was so nerve wracking and I dreaded it every year. Perhaps you suffer from a similar distaste for the process. I can say with confidence that we're all better adjusted and prepared than Sergeant Bozicevich. His Staff Sergeant attempted to counsel him and, as far as I can tell, it resulted in the only counseling with a 200% mortality rate.

I relied on the ACCA opinion and order from the District Court. I also referenced information from MPR News (1)(2), NBC News, Coastal Courier, and Army.mil.

Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you hit play today. I'm happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!

Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it's obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense or whatever name they go by socially now. I am not a military JAG and have never been a military JAG. While I'm a practicing attorney, I don't do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.