Recent Posts in February, 2011

  • The Three-Part Test
    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 ...
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  • "Mistake of Fact" Defense
    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 ...
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  • Desertion and Absent Without Leave
    Intent is an important factor in distinguishing "desertion" from "absent without leave" (AWOL). Article 85 UCMJ deals with desertion while Article 86 ...
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  • Admission of Constitutionally Required Evidence
    Military Rule of Evidence (MRE) 412 prohibits the admission of evidence offered 1) to prove that an alleged victim of a non-consensual sex offense ...
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