When Evidence is Constitutionally Required Three cases – United States v. Valenzuela-Bernal, 458 U.S. 858 (1982), Davis v. Alaska, 415 U.S. 308, and Rock v. Arkansas, 483 U.S. 44 (1987) – form the core of the Supreme Court precedent that defines when evidence is constitutionally required. In all these cases, the Supreme Court held that […]
The Supreme Court’s rulings in United States v. Valenzuela-Bernal, 458 U.S. 858 (1982) and Davis v. Alaska, 415 U.S. 308 (1974) provide insight into the manner in which the court will analyze the issue of the admission of evidence the exclusion of which would violate the constitutional rights of the accused. While Valenzuela-Bernal did not involve the […]
Voluntary Intoxication and Sexual Assault Alcohol can become a central issue in a military sexual assault case. Whether the accused’s intoxication matters depends on the charged offense and the mental state the government must prove. Voluntary intoxication is not, by itself, a defense. Under Rule for Courts-Martial 916(l)(2), however, intoxication evidence may raise reasonable doubt […]
Historical legal discussion. This article addresses the version of Article 120 applicable to conduct from 1 October 2007 through 27 June 2012. References below to the “new” or “current” statute and trial procedures describe that historical discussion, not the law for a current offense. Read Consent Under Article 120: The Offense Date Matters for an […]
Sex Offender Registration Advice Form The use of a sex offender registration advice form is required by U.S. v. Miller, 63 M.J. 452 (C.A.A.F. 2006) and DODI 1325.7. Prior to trial, if you are charged with any offense that requires registration, including sexual assault, rape or Article 120 UCMJ offenses, your military defense attorney must […]
Article 120 UCMJ Strategies If you are facing sexual assault, rape or other Article 120 UCMJ charges, pleading guilty should not be treated as an automatic response. The decision should follow a hard assessment of the evidence, the defenses, and what each available course means for your future. There are countless strategies for dealing with […]
If you have taken your case to trial and were found guilty, or plead guilty, your conviction will have certain consequences. The Affect of Conviction will be reported by the US Army (or whatever service you were in) to any state in which you will reside, work, or attend school. Should you reside or work […]
If you have gone through trial and sentencing, your case is not yet over. After sentencing, you are in what is called the “Post-Trial” phase of the case. During the Post-Trial phase, one potential strategy (depending on the specifics of your case) is to have your military defense lawyer ask the convening Authority to disapprove […]
Sex offender registration is a serious consequence of court-martial. It is so serious in fact, that the CAAF in U.S. v. Miller, 63 M.J. 452 (C.A.A.F., 2006) has directed defense counsel to advise clients of the effect of sex offender laws, and Military Judges are to ensure that advice has been given. In Miller, the […]