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 2017

Conflicts of Interests in U.S. v. Hale Cause Conviction Reversal

The Navy-Marine Corps Criminal Court of Appeals (NMCCA) has reversed multiple serious crime convictions, including rape and kidnapping, following a thorough review of United States v. Hale. The ...
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Unlawful Command Influence Means a New Trial in U.S. v. Boyce

On Monday, May 22, 2017, a divided court finally came to the conclusion that the conduct of senior Air Force officials created an appearance of unlawful command influence (UCI) in the case of United ...
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Reversal of U.S. v. Hendrix Conviction

In the Army case of United States v. Hendrix, the court initially decided to convict Specialist (E-4) Austin L. Hendrix of one specification of sexual abuse of a child. However, The U.S. Court of ...
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New ACCA Decision - MRE 513 (LK v. Acosta & RPI SFC Sanchez)

The United States Army Court of Criminal Appeals (ACCA) has recently reviewed Military Rule of Evidence (MRE) 513 and how it relates to petitions for extraordinary relief in the nature of a writ of ...
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A Third FACA Committee Created Oversee Military Justice Regarding Sex Crimes

The Federal Advisory Committee Act (FACA) has added a third committee to its number of federal advisory groups, the Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual ...
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MRE 414 in Child Molestation Cases & How It Impacted U.S. v. Fetrow

In the average criminal defense case, one can expect that the defendant will be tried based only on evidence pertinent to the crime immediately in question. That is to say, for example, someone being ...
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Retired Service Members are Still Service Members, Says NMCCA

The Navy-Marine Corps Court of Criminal Appeals (NMCCA) has reaffirmed through a recent ruling that a military service member never truly retires from the Armed Forces. Through its comments on United ...
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Marine Corps Social Media Policy Paints Cyberbullying as Illegal

Cyberbullying has recently been elevated from a frowned-upon behavior to a crime in the eyes of the United States Marine Corps. The military branch has updated its social media policy to consider ...
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Survey Says Sexual Assault & Misconduct Up at Navy, Army Academies

An anonymous survey reviewed by The Associated Press has uncovered that sexual assault and sexual misconduct reports increased at both the Navy and Army Academies in 2016, compared to a similar report ...
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Prohibited Online Misconduct Among Army Members Can Be Penalized

The United States Army has recently released a policy update to encourage the professionalization of online conduct and the telling of “the Army Story.” The update applies only to the Army ...
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New Trial Granted to Air Force Member After Favorable Evidence Appears

In Cook v. United States, a panel of three judges representing the Air Force Criminal Court of Appeals (CCA) has chosen to permit a new trial based on the discovery of new evidence that could change ...
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Marine Corps Controversy Ignites After Nude Pics of Female Marines are Leaked

The United States Marine Corps (USMC) has found itself in the center of a scandal after it was recently revealed that male Marines had been sharing nude and private photographs, videos, and other ...
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Acquittal Doesn't Rule Out All Facts, Affirms U.S. v. Rosario

The Court of Appeals for the Armed Forces (CAAF) ruled to reaffirm the Navy-Marine Corps Court of Criminal Appeals (CCA) decision of United States v. Rosario. The case ended in a conviction and ...
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Lack of Probable Cause Reverses Guilty Plea in U.S. v. Nieto

The Court of Appeals for the Armed Forces (CAAF) decided the appeal motion for United States v. Nieto recently. The case regarded a military investigator’s search authority and whether or not it ...
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Military Judge Calls Trump's Comments on Bergdahl "Disturbing"

The Bergdahl desertion case is currently up-in-the-air after the former-Sergeant Bergdahl’s defense attorneys argued a fair trial was now impossible due to repeated statements from Donald Trump ...
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U.S. v. Muwwakkil: Missing Evidence Leads to Case Controversy

United States v. Muwwakkil represents a particularly interesting military defense case, in that an entire piece of evidence was stricken from the record due to the government’s negligence, and ...
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U.S. v. Bowen Rehearing Authorized Due to Use of "Excited Utterance" Proof

The Court of Appeals for the Armed Forces (CAAF) has concluded that United States v. Bowen was decided incorrectly due to the presiding judge’s abuse of discretion and erroneous judgement. ...
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Bergdahl's Defense Attorneys: Trump Comments Make Fair Trial Impossible

Military prosecutors have promised to provide Bowe Bergdahl a fair trial after he was charged with desertion during a tour in Afghanistan. Concerns over the ability to grant Bergdahl an unbiased trial ...
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When Housebreaking Doesn't Require Walls or Ceilings

Today, our military criminal defense attorney takes a look at a recent case with a seemingly strange assertion (and the appeal that repaired it). This past Friday, Army Specialist (E-4) Nathan Wilson ...
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Chelsea Manning to Be Released 28 Years Early

Whistle-blowing is a nickname for a legal case where an employee or citizen reports on the illegal activities of a superior. Whistleblowers are usually granted immunity from prosecution or retaliation ...
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