Blog Posts in March, 2011
Posted on Mar 31, 2011 By Military Criminal Defense Lawyer
United States v. Sutton , 68 M.J. 455 (C.A.A.F. 2010) the accused, while home alone with his two step-daughters, asked his 10-year-old to lift her shirt and show him her chest, offering her $20 to do ...
Continue reading " Crime of Indecent Acts or Liberties With a Child " »
Posted on Mar 30, 2011 By Military Criminal Defense Attorney
United States v. Harman, 68 M.J. 325 (C.A.A.F. 2010) deals with the evidence required to conviction for conspiracy to commit maltreatment of subordinates. The accused was convicted of several charges, ...
Continue reading "Inchoate Offenses – Conspiracy to Commit Maltreatment of Subordinates" »
Posted on Mar 28, 2011 By Military Defense Lawyer
United States v. Arriaga , No. 37439, 2009 WL 289806 (A.F. Ct. Crim. App. May. 07, 2010) deals with outside pressure on members. The issue before the court was did the command safety briefings ...
Continue reading "Outside Pressure On Members" »
Posted on Mar 22, 2011 By Military Criminal Defense Lawyer
Your military defense lawyer should consider the following to determine consent: 1. What did the PV (purported victim) SAY to the accused before, during, or after the event? Yes (or no) Please do (or ...
Continue reading "What to Consider to Determine Consent" »
Posted on Mar 15, 2011 By Military Criminal Defense Lawyer
In any Article 120 prosecution alleging a child victim, lack of consent is not an element. That the victim may have consented or that the accused mistakenly believed the victim consented is not an ...
Continue reading "Lack of Consent" »
Posted on Mar 10, 2011 By Military Defense Lawyer
Post Crawford v. Washington, 541 U.S. 36 (2004), hearsay was categorized as either testimonial or non-testimonial. “Testimonial” means a statement made under circumstances that would cause a ...
Continue reading "Heresay" »
Posted on Mar 4, 2011 By Military Criminal Defense Lawyer
Your military defense attorney should, if possible, argue that a lab report is testimonial. If the lab report is testimonial, then the government needs to have the report’s creator testify. To prove ...
Continue reading "How to Prove a Lab Report is Testimonial" »