Interesting CAAF decision yesterday in *Harpole*. http://www.caaflog.com/2018/02/15/opinion-analysis-no-privilege-for-statements-to-a-victim-advocate-made-in-the-presence-of-a-third-party-but-maybe-ineffective-assistance-of-counsel-in-united-states-v-harpole/. Leaving aside the potential IAC (ineffective assistance of counsel) issue (Object! Object! Object! And object again!), CAAF essentially ruled that the “Victim Advocate” […]
Now that the military is dragging up old alleged sexual assault cases and charging them, CAAF’s February 6, 2018, opinion in *U.S. v. Mangahas* is a big one. In a […]
In a court martial, there are certain decisions that have to be made by an accused service member. They are: whether to plead not guilty or guilty, whether to choose […]
It’s been well known to lawyers practicing in military justice and at least to some reservists and retirees (thanks to same cases with news coverage) that you can be recalled […]
Finally, the UCMJ is unconstitutional because the American Constitutional guarantee of substantive due process when the government infringes upon a person’s fundamental rights are absolutely applicable in the law enforcement […]
The issues with panel selection (Article 25, UCMJ) that I outlined in my first post have obviously been around for a long time. Generally, the government argument has been that […]
In Quarles (1955), the United States Supreme Court presciently stated: “There are dangers lurking in military trials which were sought to be avoided by the Bill of Rights and Article […]
When I was an Army defense counsel I had a wall in my office covered with pirate flags. Each pirate flag represented a full acquittal in a court-martial. Then I […]
The U.S. military talks a lot about “force multipliers”, usually referring to technologies (but sometimes human elements or intelligence) that allows a unit to have the combat power of what […]
Due to the nature of the military structure and chain of command, unlawful command influence (UCI) is easily the most prominent concern of a defense lawyer. UCI is theoretically prohibited […]
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