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2012
January
Post-Confinement Restriction
2011
November
Soldier gets life
September
Violation of Confrontation Rights
LITERAL CONFRONTATION
Denial of Request to Tape Record Article 32 Proceeding is Not a Volation of Confrontation Rights
Request to Tape Record the Article 32 Proceedings
Recent C.A.A.F. Grants Involving M.R.E. 412 and Confrontation
August
Confrontational Rights
Right to Confront
RESTRICTIONS ON CONFRONTATION IMPOSED BY LAW
WITNESS AVAILABILITY/ALTERNATIVE TO LIVE TESTIMONY.
ARTICLE 32 RECORDINGS -CONFRONTATION CLAUSE/DUE PROCESS.
ARTICLE 32 RECORDINGS - CONFRONTATION CLAUSE/DUE PROCESS.
Article 32
ARTICLE 32 PROCEEDINGS
Member expects a guilty accused to plead guilty
Member had contact during trial with SJA
IMPLIED BIAS - GENERALLY
PEREMPTORY CHALLENGES - INEFFECTIVE ASSISTANCE OF COUNSEL
CAUSAL CHALLENGES
CAUSAL CHALLENGES - INEFFECTIVE ASSISTANCE OF COUNSEL
REMOVING MEMBER DURING TRIAL
VOIR DIRE & CHALLENGES - GENERALLY
July
COURT-MARTIAL CONVENING ORDERS
PANEL SELECTION AND ARTICLE 25, UCMJ
Right to be Present at Trial
TRIAL IN ABSENTIA - REMOVED FOR DISRUPTION
Right to Call Witness
PANEL MEMBERS - RIGHT TO CALL WITNESSES
MILITARY JUDGE RECUSAL - MISCELLANEOUS.
MILITARY JUDGE RECUSAL - INTEMPERATE COMMENTS
IMPROPER CONDUCT WITH OTHER JUDGE
MILITARY JUDGE RECUSAL
CONVENING AUTHORITY - DESIGNATION BY STATUTE OR SERVICE SECRETARY.
PERMISSIBLE TERM - WAIVE ALL WAIVABLE MOTIONS.
AMBIGUOUS PRETRIAL AGREEMENT PROVISIONS
DISQUALIFICATION - STAFF JUDGE ADVOCATE
June
Lawful inspection under M.R.E. 313 versus an unlawful Fourth Amendment search.
Abuse of Power
Plain view
Lawful search
Georgia v. Randolph rule
May
Probable cause
Suppressing the appellee’s statement for lack of corroboration
Corroboration
Who Must Warn?
Unreasonable delay
UNCONDITIONAL GUILTY PLEA – DOES NOT WAIVE FAILURE TO STATE AN OFFENSE.
Scope of Warrant
LEGAL SUFFICIENCY OF FACTUAL PREDICATE IN GUILTY PLEA.
Conceding guilt
DC not ineffective
April
Defense counsel’s seemingly pro-prosecution sentencing argument
PRE-TRIAL RESTRAINT
IRREGULAR PLEAS
Violation of R.C.M. 701(a)(2) and R.C.M. 701(a)(6)/Brady
Unauthorized Use of Credit Card
March
Crime of Indecent Acts or Liberties With a Child
Inchoate Offenses – Conspiracy to Commit Maltreatment of Subordinates
Outside Pressure On Members
What to Consider to Determine Consent
Lack of Consent
Heresay
How to Prove a Lab Report is Testimonial
February
The Three-Part Test
Challenge Urine Sample Collection (Part II)
Challenging Urine Sample Collection (Part I)
"Mistake of Fact” Defense
Desertion and Absent Without Leave
Admission of Constitutionally Required Evidence
January
Evidence of a Victim’s Sexual History or Predisposition
When Evidence is Constitutionally Required
Admission of Evidence the Exclusion of Which Would Violate the Constitutional Rights of the Accused
Voluntary Intoxication and Sexual Assault
Sexual Assault – Common Issues at Trial
Alleged Victim Was Substantially Incapacitated Due to Alcohol Consumption
Sex Offender Registration Advice Form
Registration as Military Sex Offender
Advice on Sex Offender Registration
2010
November
Sex Offender Registration
Fighting the War on Sexual Assault - More Motives to Lie
October
Sexual Assault and Motives to Lie
September
Sex Assault Cases and Motive to Lie (Generally)
Sex Offender Registration is Publicly Available
Article 120 UCMJ Strategies
Affect of Conviction
Courses of Action: Post-Trial Military Sex Offense Cases
Argument to Have the Judge Take Judicial Notice or to Instruct: Your Military Defense Attorney May Follow This Outline
Argument to Members: Informing Members about Sex Offender Registration
August
How to Inform the Members about Sex Offender Registration
Courses of Action at Sentencing to Avoid Sex Offender Registration
Sex Offender Registration
Court Martial Conviction and Ineligibility for US Citizenship
Commander Responsibilities under Lautenburg
The Lautenburg Amendment
Spice Use and the Law
Spice now Illegal in Hawaii
Chemical Names for the Substances in Spice and Effects of Spice
What is Conviction?
Immigration Considerations and Court Martials.
Grounds for Deportability
When to Consider Agreeing to a Lab Certificate in Drug Cases
Changes to “Don’t Ask Don’t Tell” Law
More Chapter 10 Issues
When NOT to Use the Melendez-Diaz v. Massachusetts Sword
Using Melendez-Diaz v. Massachusetts as a Sword
Warning for Post Trial Chapter 10 clients.
Spice – The Basics
Sixth Amendment Right to Confront the Witnesses
May
Article 134 Sexual Offenses
Cross Examination
UCMJ Art. 127 Extortion
Unlawful Command Influence
Search and Seizure – Probable Cause
Vehicle Search-Incident-To Arrest
April
Abu Ghraib MP Unit Going Back to Iraq
Defending "Spice" cases
March
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