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Court Martial Defense Blog

Attorney Bilecki Receives Quilly Award for His Work as a Co-Author in "Dare to Succeed"

Each year National Academy of Best Selling Authors™ gets together to commemorate the accomplishment of best-selling authors throughout the country, by handing out Quilly Awards at their ...
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Army's Judge Advocate General to Launch Special Victim Advocate Program

This month, the Judge Advocate General of the U.S. Army announced the guidelines of its Special Victim Advocate Program (SVAP), which will begin providing initial services in a limited capacity on ...
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Attorney Timothy Bilecki Files a Motion to Protect Camp Zama Officer

Roughly four months ago, prosecutors dropped a case against Camp Zama officer, Maj. Derren M. Siglock who had been charged with a four day leave without absence, sexual assault, acting disrespectfully ...
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The Dangers of Not Conducting an Investigation

There is a lot of pressure on the military right now to assume that those who claim sexual assault are telling the truth and to investigate thoroughly. One has to wonder why there isn't any ...
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The Case of Marine Corp Recruiter Nicholas Howard

The press in Alaska is upset over a recent military rape case. Marine Corp recruiter Nicholas Howard was convicted by the Marine Corp justice system of first-degree sexual assault. He was dishonorably ...
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Proving Sexual Assault Allegations

While we are in the midst of the national hysteria over sexual assault in the military, there does not seem to be much room being left for skepticism. It is now assumed that everyone who reports that ...
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What Is the root of the Sexual Assault problem in the Military?

We keep hearing that the military is losing the "War on Sexual Assault." With each news cycle, we get fresh reports of angry politicians and new allegations of sexual assault in the ...
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The Case Against Sergeant First Class Michael McClendon

You might have already heard about Sergeant First Class Michael McClendon. If not, then what you need to know is that he served, until very recently, as a training officer at West Point. He is accused ...
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The Latest Front in the "War on Sexual Assault"

In the latest front in the "War on Sexual Assault" in the military, politicians are attempting to one-up each other in an effort to come out against what Secretary of Defense Chuck Hagel ...
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President Obama Speaks Out Against Sexual Assault in Military

Every year the President gives a commencement speech at one of the service academies. This year President Obama chose the Naval Academy and used the speech as an opportunity to speak out against ...
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Sexual Assault Bills Introduced into Senate

If you ever need someone to overreact to a problem that may or may not exist, your best bet is to call your Senator and ask if he or she is available. A group of Senators is overreacting to a recent ...
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Sexual Assaults in the Military Rising

Ever since a recently released Pentagon study claimed that the number of sexual assaults committed in the military is rising, everyone wants to pile on the military for not doing enough to prevent ...
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Innocent Until Proven Guilty

In the United States we are proud that our justice system assumes that people accused of crimes are innocent until proven guilty. The media and our politicians make a point of stating that those ...
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Motions and Writs

I. UNITED STATES V. SAVARD, 69 MJ. 211 (C.A.A.F. 2011) Procedural History: The appellant was convicted of multiple specifications of falsifying documents to steal allowances and entitlements. Facts: ...
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Latest News On Spice Testing

This is the latest information being put out by the Air Force Drug Testing Lab regarding testing for Spice. A MESSAGE FOR THE CORPS Spice Testing Update Synthetic cannabinoids, often referred to as ...
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Article 119a - Death or Injury of an Unborn Child

In United States v. Boie, M.J. (A.F. Ct. Crim. App. 2011), the accused impregnated his girlfriend and they subsequently married. The accused was very unhappy about the pregnancy and tried to convince ...
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Search and Seizure

In Kentucky v. King, S. Ct. 1849 (2011), King conditionality pled guilty to numerous drug offenses after losing a motion to suppress evidence from a warrant less search. The Kentucky Court of Appeals ...
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Cases on the Horizon

United States v. Behenna, 70 MJ. 521 (Army Ct. Crim. App. July 21, 2011), pet. for grant of rev. filed, No. 12-0030/AR (C.A.A.F. Sept. 19, 2011). Procedural History: Behenna was convicted of ...
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United States V. Luke, 69 MJ. 309 (C.A.A.F. 2011)

Procedural History: Luke was convicted in 1999 of two specifications of indecent assault of a shipmate and was sent to two years confinement and a bad-conduct discharge. Evidence produced against Luke ...
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MRE 321 - Eye Witness Identification

In United States v. Baker, 70 M.J. 283 (C.A.A.F. 2011) the issue before the CAAF was whether the Army Court of Criminal Appeals erred (1) in finding that the military judge's suppression of the ...
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Proceeding in Revision

In United States v. Boie, ACM 37546 (A.F. Ct. Cim. App. 011) (slip op.) the Appellant was convicted by officer and enlisted members, in accordance with his pleas, among other things, of one ...
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Special Findings

In United States v. Truss, 2011 WL 3891821 (A. Ct. Cim. App.) the appellant was convicted by a military judge of two specifications of sodomy and one specification of assault consummated by battery. ...
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The Miranda Trigger - Custody

In J.D.B. v. North Carolina, 131 S.Ct. 2394 (2011) the appellant, J.D.B., was a 13-year-old 7th-grade student who was adjudicated delinquent for breaking and entering and larceny. The North Carolina ...
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Consent Defenses in Art. 120 Adult Offenses

The current Article 120 became law on October 1, 2007. Congress completely re¬ wrote the UCMJ provisions on sexual crimes. One goal of the new statute was to shift the focus of sexual crimes from ...
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Post-Confinement Restriction

In UNITED STATES v. SCHUBER, 70 MJ 181 (C.A.A.F. 2011) Schuber was subject to restriction not tantamount to arrest during the period following his 71 days in pretrial confinement, where accused was ...
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