Articles Posted in felony

Article 120, UCMJ, and Firearms
Philip D. Cave

18 U.S.C. § 922, part of the Gun Control Act of 1968, is one of the most important federal statutes regulating firearms and ammunition in the United States. It delineates specific prohibitions on the possession, sale, transfer, shipment, and receipt of firearms and ammunition under various circumstances. The statute aims to keep firearms out of…

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Collateral effects
Philip D. Cave

Not all states allow a prior court-martial conviction into evidence. But as the decision in Oliver v. Commonwealth, 60 S.E. 2d 567 (2005), shows, the Commonwealth of Virginia considers a prior special court-martial conviction admissible in sentencing. In principle, we accept that certain “wholly unconstitutional” convictions can be collaterally attacked and disqualified for consideration during…

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