Articles Posted in Uncategorized

An unguide to the perplexed
Philip D. Cave

Yes, it is. In dissenting to the Coast Guard Court of Criminal Appeals majority opinion in United States v. Decker, the dissenting judge says: This is a vexing case; the kind that sexual assault prevention training seeks to avoid. I agree with the majority’s resolution of Assignment of Error III, and I agree that the…

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A piece of history
Philip D. Cave

Crowder’s next orders took him to Fort Yates, North Dakota, where the United States Army attempted to suppress the religious Ghost Dance movement. While stationed at Fort Yates, Crowder proved successful in his legal defense in three court-martial proceedings. His actions were noted by Army superiors and after being promoted to the rank of captain,…

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Sentence appropriateness on appeal
Philip D. Cave

Whether or not a sentence is appropriate for the crime convicted of and the character of the person convicted is a frequent issue on appeal. Less frequently there is an issue of sentence disparity between co-actors or co-accuseds. The recent ACCA decision in United States v. Martinez (Sept. 2017), lays out the law fairly well…

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More cases coming?
Philip D. Cave

The military already has rules and regulations about membership in certain hate groups. The tragic events at Charlottesville are likely to garner more attention to the issue of military personnel and hate groups. From Task & Purpose. James Alex Fields Jr., the 20-year-old Army basic training wash-out accused of running down counter-protesters demonstrating against hate…

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DNA may be too good and convict the innocent
Philip D. Cave

There is increasing attention to the possibility that DNA “evidence” at the scene of an alleged crime is just too good and may implicate the innocent. Touch-trace DNA is the issue. Here is an interesting discussion that may help form an argument to exclude DNA evidence or address it with the fact-finder at trial. https://lookaside.fbsbx.com/file/Report%20of%20Experts_Amicus.pdf?token=AWwJbOe3GfcAd141qS0fe9wi_hIkb-iYJQOYz9rinOAWooLUMn3fHxAcWZ0dO0sQ5tYl7vszIq6Z0biiJVHnrs1IMdtbBauurKCPEqH8FiodtPHXSOSyk5hIsemNGOyTNP0pGu6tJuo_5BGaU3sctikEikVvn4enmtAJQFZJCU_1EKrbEC0Kt7pt35eQSa3SFZQ

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A resource for Virginia’s veterans
Philip D. Cave

Virginia Military and Veteran Legal Resource Guide Attorney General Mark R. Herring has created the Virginia Military and Veteran Legal Resource Guide, a new tool to help Virginia servicemembers, military families, and veterans understand the unique legal protections, rights, and resources available to them under the law. Volunteer attorneys from the Office of Attorney General…

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