Blog Posts in February, 2011
Posted on Feb 28, 2011 By Military Defense Attorney
To determine whether a statement is testimonial, CAAF used a three-part test in U.S. v. Rankin, 64 M.J. 348, 352 (2007). CAAF considered the following: Was the statement at issue elicited by or made ...
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Posted on Feb 22, 2011 By Military Defense Lawyer
Urinalyses must be reported as positive for cocaine if Benzoylecgonine (BZE), a cocaine metabolite, is detected in a urine specimen in the quantity of 100 ng/ml or more. BZE will be present in a ...
Continue reading "Challenge Urine Sample Collection (Part II)" »
Posted on Feb 15, 2011 By Military Defense Lawyer
If the collection is unlawful, your military defense attorney can file motions under the 4 th Amendment and/or Section III of Military Rules of Evidence (MRE) to suppress in limine to exclude the ...
Continue reading "Challenging Urine Sample Collection (Part I) " »
Posted on Feb 11, 2011 By Military Defense Attorney
In U.S. v. Guest, 46 M.J. 778, 781 (Army Ct. Crim. App. 1997) the court held that a mistake of fact defense requiring the mistake to be both honest and reasonable may be available under the ...
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Posted on Feb 8, 2011 By Military Criminal Defense Lawyer
Intent is an important factor in distinguishing “desertion” from “absent without leave” (AWOL). Article 85 UCMJ deals with desertion while Article 86 UCMJ deals with absent without leave. The intent ...
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Posted on Feb 4, 2011 By Scorpion Design
Military Rule of Evidence (MRE) 412 prohibits the admission of evidence offered 1) to prove that an alleged victim of a nonconsensual sex offense engaged in other sexual behavior, or 2) to prove an ...
Continue reading "Admission of Constitutionally Required Evidence" »