Ei Incumbit Probation Qui Dicit.

Proof lies on him who asserts, not on him who denies. The concept is that one is innocent until proven guilty. Regardless of what the law says about reasonable doubt, there is an unwritten presumption within the ranks of the military that if you are charged with sexual assault, then you are guilty. The stakes are your life! Your military counsel works for the same military that charged you. Consider that as you choose who represents you in your potentially life altering case.

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Joseph L. Jordan, Attorney at Law travels across the globe to assist in military criminal defense matters.

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Blog Posts in 2016

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CAAF to Consider How 4th Amendment Applies to Computer Searches

The Court of Appeals for the Armed Forces (CAAF) granted review of issues posed by United States v. Richards. CAAF will consider how the particularity requirement presented in the Fourth Amendment ...
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Bergdahl Prosecutors Barred from Using Wounds

In what was a significant ruling in the trial of Army Sgt. Bowe Bergdahl, the prosecution has been barred from using the wounds dealt to service members while searching for him as evidence in the ...
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Bergdahl "Responsible for Certain Amount" of Dangerous Missions

Army Col. Jeffery Nance, the judge in the case of Sgt. Bowe Bergdahl, said this week that Bergdahl does bear some responsibility for the dangerous search missions that were launched in the wake of his ...
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Army Court of Criminal Appeals Re-examines Hills Decision

Earlier this year, we wrote about the United States v. Hills decision—an impactful United States Court of Appeals for the Armed Forces determination that prior criminal charges could not be used ...
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Federal Court Vacates Marine Discharge in Controversial Case

A federal judge has determined that the Department of the Navy erred when it honorably discharged Major Jason Brezler in a controversial case of mishandling classified information. U.S. District Judge ...
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Understanding "Sextortion" in the Military

"Sextortion" is the name that investigators have been a particular type of cyber-crime that a growing number of U.S. military servicemembers has fallen victim to. Essentially, sextortion is ...
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JSC Clarifies Article 134 Definitions, Disjunctives

The Joint Service Committee on Military Justice (JSC) has released new supplementary material for the Manual for Courts-Martial (MCM) that could have a significant effect on Article 134 trials. The ...
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How Does Trump's Election Affect the Bergdahl Case?

Out on the campaign trail, Donald Trump singled out Sgt. Bowe Bergdahl numerous times as a "traitor" who deserved severe punishment for his alleged cooperation with Taliban forces during his ...
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Senator McCain's Comments Did Not Influence Bergdahl Case

This week, Army Col. Jeffery Nance ruled that prior comments from Senator John McCain did not influence the decision to prosecute Sgt. Bowe Bergdahl for his 2009 disappearance from a remote Army base ...
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Army Appeals Court Makes Controversial Evidence Ruling

If you do not deny a criminal accusation in a private conversation, does that mean you could be admitting to your own guilt? According to the US Army Court of Criminal Appeals (CCA), it can. In a ...
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Military Court: Mandatory Minimums Apply to Attempted Sex Offenses

In a recent ruling, The United States Navy-Marine Corps Court of Criminal Appeals (NMCCA) has rectified contradictory language between the Manual for Courts-Martial and Article 56. In United States v. ...
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New Bill Could Prevent Military PTSD/TBI Discharges

Following reports of military Servicemembers being dishonorably discharged from service for behavior linked to PTSD and TBI, lawmakers have introduced a new bill to give suffering troops the ...
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Kansas to Allow Military Spouses to Practice Law

Last week, the Kansas Supreme Court adopted a new rule that will allow military spouses practice law in Kansas even if they have not passed the state's bar exam. The rule is aimed at alleviating ...
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Second Psychiatrist Requested in Bergdahl Case

Another motion has been filed by Sgt. Bowe Bergdahl's defense team. This time, the lawyers are asking that they be granted their own forensic psychiatrist to level the playing field with the ...
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Bergdahl Defense Team Takes Issue With Defense Review

Sgt. Bowe Bergdahl's defense team has asked that his February court-martial be canceled due to the actions of the head of the Army’s Forces Command. General Robert Abrams—who made the ...
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CAAF Rules on Marine's Bible Verse Case

Last year, this blog reported on the case of Lance Corporal Monifa Sterling, a Marine who was court-maritaled on several charges stemming from conflicts between her and her superior officers. Of those ...
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New Propensity Decision Already Producing New Case Reviews

Earlier this year, the United States Army Court of Criminal Appeals (CAAF) made an unexpected decision rejecting the use of Military Evidence Rule 413. That decision, which ruled against the use of ...
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CCA Extends Psychotherapist-Patient Privilege

In an unexpected decision, the United States Coast Guard Court of Criminal Appeals (CCA) has provided an extension of the psychotherapist-patient privilege. In the court's published order, the ...
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NMCCA Enforces Old Corroboration Rule In Sexual Assault Case

Earlier this year, significant changes were made to the Manual for Courts-Martial. One of the most notable of those changes was the relaxation of corroboration requirements for the admission of ...
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Bergdahl Defense Team Granted Critical Email Access

Sgt. Bowe Bergdahl's defense team won a critical pre-trial victory earlier this month by gaining access to high commander emails. As Stars and Stripes reports, Col. Jeffery Nance has ordered that ...
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CAAF Rejects Fourth Amendment Issue in Canine Case

The United States Court of Appeals for the Armed Forces (CAAF) has made a unanimous decision to uphold the conviction of a Navy lieutenant charged with possession of marijuana and drug paraphernalia. ...
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High Military Court Split on Human Lie Detector Issue

In a dramatic split decision, the United States Court of Appeals for the Armed Forces (CAAF) has ruled that the presence of "human lie detector" testimony in a court-martial is not ...
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CAAF Strikes Down "Propensity" Evidence Rule Concerning Prior Charges

In a new landmark decision, the United States Court of Appeals for the Armed Forces (CAAF) has struck down a certain use of an evidence rule to show an accused's alleged propensity for sexual ...
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Appeals Ruling Limits Court Jurisdiction Over Alleged Victim's Petition

The United States Court of Appeals for the Armed Forces (CAAF) has ruled that it has no jurisdiction to review a petition from an alleged victim pertaining to Article 6b(e). The decision comes with EV ...
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Appeals Court Enforces Rehearing Following "Plain Error"

A recent ruling from the United States Army Court of Criminal Appeals illustrates just how important due process should be during court-martial procedure. In United States v. Castillejo, the case of ...
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