The Air Force Court of Criminal Appeals set aside an Airman’s drug conviction because the Government failed to prove delta-8 THC was a Schedule I controlled substance. A military defense lawyer at Cave & Freeburg explains what it means. (delta-8-thc-article-112a-byrd-military-defense-lawyer) Delta-8 THC and Article 112a, UCMJ: Why the Government Lost in United States v. Byrd…
Continue reading ›No. 19-0051/AR. U.S. v. Korey B. Kangich. CCA 20170170. On consideration of the granted issue, 78 M.J. 304 (C.A.A.F. 2019), the judgment of the United States Army Court of Criminal Appeals, United States v. Kangich, No. 20170170 (A. Ct. Crim. App. Sep 27, 2018) (unpublished), and the opinion of this Court in United States v.…
Continue reading ›11 October 2018. Orders Granting Petition for Review No. 18-0339/AF. U.S. v. Scott A. Meakin. CCA 38968. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue: WHETHER APPELLANT’S CONVICTION…
Continue reading ›Because of the current politics surrounding sexual assaults in the military, some are wondering what they can do in advance to avoid a later false claim of sexual assault. This has lead to a suggestion that the interactions should be video recorded, the idea being that the recording will later be evidence to defend against…
Continue reading ›Some years ago I represented a Soldier accused of multiple assaults and rapes of his wife, and of his girlfriends. The rapes allegedly included him choking the complaining witness during the rapes. He told me – and later the members at his court-martial – that he and his wife consensually engaged in choking during sex…
Continue reading ›Reports regarding an Irish court-martial and litigation involving Lariam are most interesting. Partly because of a case pending decision in the United States Court of Appeals for the Armed Forces. The Irish Times reports that: Taoiseach Enda Kenny has defended the Army’s continued use of the controversial anti-malaria drug Lariam, five years after the US…
Continue reading ›A lieutenant colonel said because he suffers from kleptomania he should not be court-martialed for shoplifting last year at Fort Benning, Ga. Lt. Col. Rodney Page, a 28-year Army veteran, admits to stealing $37 worth of challenge coins at the post exchange, but he blames the Army for mistakenly reducing medication he takes to curb…
Continue reading ›MiamiHerald.com An American soldier accused of killing five fellow troops at a counseling center in Iraq had been unraveling for nearly two weeks but the U.S. military lacked clear procedures to monitor him or deal with the deadly shooting spree once it began to unfold, a military report found. The shooting deaths drew attention to…
Continue reading ›United States v. Brasington, ARMY 20060033 (A. Ct. Crim. App. 5 October 2009). On 10 September 2008, our superior court granted appellant’s petition for grant of review on the following issue: WHETHER APPELLANT WAS DENIED HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL WHERE THE TRIAL DEFENSE COUNSEL ALLEGEDLY PROVIDED INCOMPETENT ADVICE REGARDING THE…
Continue reading ›September 29, 2009, in Suits & Sentences. Troops lose challenge to anthrax vaccination Eight members of the U.S. military who challenged a mandatory anthrax vaccination have lost, again. Like the phoenix this is an old story that is likely to rise again in light of the proposed DoD flu shot program. Don’t know about others,…
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