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 giving advice that an offense is not covered or the exact procedures to register other than “check with local authorities for […]
United States v. King, 604 F.3d 125 (3rd Cir. 2010) deals with the Georgia v. Randolph rule. King conditionally pled guilty in the U.S. District Court for the Middle District of Pennsylvania to interstate transportation to engage in sex with a minor. King appealed based on a variety of alleged legal errors. The relevant issue for […]
United States v. Cowgill, 68 M.J. 388 (C.A.A.F. 2010) deals with probable cause. The issue was whether there was sufficient probable cause for a search warrant when a portion of the search warrant affidavit contained false information. On 5 January 2007, an Air Force OSI agent contacted a local police detective to get a search […]
In United States v. Coons, No. 200900366 (N-M. Ct. Crim. App. Dec. 22, 2009) (unpublished), the issue was whether the military judge erred by suppressing the appellee’s statement for lack of corroboration. During an interview with NCIS, the appellee told investigators that he began abusing his then seven-year-old daughter around December 1999. He specifically admitted to […]
United States v. Burghardt, No. Misc. 2009-13 (A.F. Ct. Crim. App. Mar. 5, 2010) (unpublished) deals with corroboration. At an interview with AFOSI, the appellee admitted in writing and orally to removing the victim’s clothing while she was passed out, performing oral sex on her while she was passed out, and engaging in sexual intercourse […]
United States v. Kirk, No. Misc. 20100443, 2010 WL 3544577 (A. Ct. Crim. App. July 28, 2010) (unpublished) deals with the issue of who must warn. This case is an Article 62, UCMJ, appeal by the government. The appellee stands charged with one specification of desertion terminated by apprehension. The issue before the ACCA was […]
In United States v. Miranda-Zapata, No. 200800865 (N-M. Ct. Crim. App. Jan. 19,2010) (unpublished) the accused pled guilty, inter alia, to conspiring to distribute morphine. Though not raised by the parties, the court noted the conspiracy charge failed to list an “overt act”, the second element of conspiracy. The military judge noted this issue during […]
In United States v. Ferguson, 68 M.J. 431 (C.A.A.F. 2010) the accused communicated on-line with a police officer posing as a fourteen-year-old boy. During their first conversation, the accused explained what it was like to have a man ejaculate in his mouth. Later that day, the accused sent six images of himself with an erect […]
In United States v. Darling, Army 20070449 (2010) the issue was should counsel concede guilt during sentencing after consistently denying guilt during findings. Darling pled guilty to an AWOL charge and then, contrary to his pleas, was found guilty of larceny, forgery, and uttering checks with an intent to defraud. After being found guilty, counsel […]