Blog Posts in January, 2011
Posted on Jan 31, 2011 By Military Criminal Defense Attorney
In United States v. Dorsey, 16 M.J. 1 (C.M.A. 1983) the Court of Military Appeals (CMA, now CAAF) directly dealt with the issue of when evidence of a victim’s sexual history or predisposition is ...
Continue reading "Evidence of a Victim’s Sexual History or Predisposition" »
Posted on Jan 27, 2011 By Military Defense Lawyer
Three cases – United States v. Valenzuela-Bernal, 458 U.S. 858 (1982), Davis v. Alaska, 415 U.S. 308, and Rock v. Arkansas, 483 U.S. 44 (1987) – form the core of the Supreme Court precedent that ...
Continue reading "When Evidence is Constitutionally Required" »
Posted on Jan 25, 2011 By Military Defense Lawyer
The Supreme Court’s rulings in United States v. Valenzuela-Bernal, 458 U.S. 858 (1982) and Davis v. Alaska, 415 U.S. 308 (1974) provide insight into the manner in which the court will analyze the ...
Continue reading "Admission of Evidence the Exclusion of Which Would Violate the Constitutional Rights of the Accused" »
Posted on Jan 20, 2011 By Military Defense Attorney
Given that most military sexual assault and rape cases somehow involve alcohol or being drunk, we get countless questions on whether being drunk is a defense to sexual assault. Simply put, “voluntary ...
Continue reading "Voluntary Intoxication and Sexual Assault " »
Posted on Jan 17, 2011 By Military Defense Attorney
If you are charged with aggravated sexual assault while the alleged victim was substantially incapacitated due to alcohol consumption and you contend that the victim consented, then at the time of ...
Continue reading "Sexual Assault – Common Issues at Trial" »
Posted on Jan 14, 2011 By Military Defense Attorney
If you are charged with aggravated sexual assault while the alleged victim was substantially incapacitated due to alcohol consumption and you contend that the victim consented, then at the time of ...
Continue reading "Alleged Victim Was Substantially Incapacitated Due to Alcohol Consumption" »
Posted on Jan 11, 2011 By Scorpion Design
The use of a sex offender registration advice form is required by U.S. v. Miller, 63 M.J. 452 (C.A.A.F. 2006) and DODI 1325.7. Prior to trial, if you are charged with any offense that requires ...
Continue reading "Sex Offender Registration Advice Form" »
Posted on Jan 7, 2011 By Military Defense Lawyer
Under Federal law, DoD Instruction 1325.7, and Army Regulation 27-10 (sister services have similar Regulations), those who have been convicted of any of the following offenses must register with the ...
Continue reading "Registration as Military Sex Offender " »
Posted on Jan 4, 2011 By Military Defense Attorney
State and territorial laws are diverse. If your military defense lawyer is uncertain where you may reside, carry on a vocation, or go to school, he will likely (and justifiably) be very cautious when ...
Continue reading "Advice on Sex Offender Registration" »