Recent Posts in March, 2011

  • Crime of Indecent Acts or Liberties With a Child
    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 ...
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  • Inchoate Offenses – Conspiracy to Commit Maltreatment of Subordinates
    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 ...
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  • Outside Pressure On Members
    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 ...
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  • What to Consider to Determine Consent
    t Your military defense lawyer should consider the following to determine consent: 1. What did the PV (purported victim) SAY to the accused before, ...
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  • Lack of Consent
    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 ...
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  • Heresay
    Post Crawford v. Washington, 541 U.S. 36 (2004), hearsay was categorized as either testimonial or non-testimonial. "Testimonial" means a statement ...
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  • How to Prove a Lab Report is Testimonial
    Your court martial defense lawyer should, if possible, argue that a lab report is testimonial. If the lab report is testimonial, then the government ...
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