Court Martial Defense Blog

  • Sen. Claire McCaskill Doesn't Understand the "Good Soldier" Defense

    Posted By Bilecki & Tipon, LLLC || 10-May-2015

    After congress eliminated military defense attorneys’ ability to use the “good soldier” defense in sexual assault trials, Sen. Claire McCaskill is quoted saying, “In the military, how good an airman, sailor, soldier or Marine you are has absolutely nothing to do with whether a rape has occurred.” What McCaskill fails to recognize is that the “good soldier” ...
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  • The Value of a "Good Soldier"

    Posted By Bilecki & Tipon, LLLC || 7-May-2015

    In a profession where your every action and decision is watched and recorded, where honor and moral conduct are of the highest importance, it is absolutely reasonable for your past record to hold weight in a trial where your credibility is called into question. Recently, however, congress has decided to eliminate what is called the “good soldier” defense from court-martial proceedings. ...
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  • Congress Further Restricts Military Defense Lawyers

    Posted By Bilecki & Tipon, LLLC || 4-May-2015

    In a sexual assault case where there is little to no forensic evidence or witnesses, the case often comes down to little more than the word of the victim versus the word of the defendant. In these instances, military courts have often weighed the value of the Soldier’s testimony against his service record and those who were willing to vouch for him. Yet now, this defense has effectively been ...
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  • NCIS to Investigate Marine Victims' Legal Counsel Attorney

    Posted By Bilecki & Tipon, LLLC || 27-Apr-2015

    After instructing a client who was allegedly sexually assaulted to destroy evidence on her phone, citing that it would reflect negatively on their case, head of the Marine Corps' Victims' Legal Counsel program in Japan is being investigated by the NCIS on obstruction of justice claims. I wish I could say that this was the only case where victims’ counselors in this program have gone ...
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  • In a case where she was advising an alleged sexual assault victim, Maj. Chantell Higgins, a Marine special victims’ counsel, has been brought under investigation for instructing her client to delete information from her phone that could have served as valuable evidence in the case. As if these actions weren’t enough on their own to shed a negative light on the Marine Corps' ...
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