Blog Posts in May, 2010
Posted on May 24, 2010 By Court Martial Attorney
In United States v. Bristol, No. 36956, 2009 WL 1620443 (A.F. Ct. Crim. App. Jun. 11, 2009), the issue before the Court was whether the evidence factually was enough to sustain the accused's ...
Continue reading "Article 134 Sexual Offenses" »
Posted on May 23, 2010 By Military Defense Attorney
In United States v. Collier, 67 M.J. 347 (C.A.A.F. 2009), the issue before the Supreme Court was whether the military judge's decision preventing the defense from cross-examining witnesses or ...
Continue reading "Cross Examination" »
Posted on May 22, 2010 By Military Defense Lawyer
In United States v. Brown, 67 M.J. 147 (C.A.A.F. 2009), the accused (an Army Sergeant), his wife, and the victim (an Army Private First Class) were involved in a consensual sexual relationship and the ...
Continue reading "UCMJ Art. 127 Extortion" »
Posted on May 21, 2010 By Court Martial Defense Attorney
United States v. Biagase, 50 M.J. 143 (C.A.A.F. 1999) differentiates standards for determining unlawful command influence at the appellate level and the duty of the military judge during assessment of ...
Continue reading "Unlawful Command Influence " »
Posted on May 20, 2010 By Court Martial Defense Attorney
In United States v. Rogers, 67 M.J. 162 (C.A.A.F. 2009) the issue before the court was whether there was probable cause to issue a search authorization to examine the Appellant's hair for drug use. ...
Continue reading "Search and Seizure – Probable Cause" »
Posted on May 19, 2010 By Military Defense Attorney
Police can search the vehicle incident to a recent occupant's arrest only when the arrestee is within reaching distance of the passenger compartment at the time of the search or the police have reason ...
Continue reading "Vehicle Search-Incident-To Arrest" »