THE WHITE HOUSE Office of the Press Secretary FOR IMMEDIATE RELEASE October 20, 2017 *Statement Regarding Military Justice*
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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…
Continue reading ›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,…
Continue reading ›https://www.court-martial.com/dubay-evidentiary-hearings-on-appeal.html
Continue reading ›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…
Continue reading ›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…
Continue reading ›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
Continue reading ›A major piece in the New York Times magazine by Emily Bazelon dissects the conviction of Noura Jackson for the murder of her mother. The accused’s DNA was excluded as a match for any of the three DNA profiles found at the scene and there was no physical evidence linking the accused to the killing.…
Continue reading ›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…
Continue reading ›In my case of United States v. Lightsey, the CAAF has set-aside the decision of the Air Force Court of Criminal Appeals, and has ordered a new review to consider the impact of United States v. Hukill. Hukill applied the court’s decision in United States v. Hills to military judge alone trials.
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