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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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CAAF Reverses US v. Brantley, Calling for Review in Light of US v. Sager

The Court of Appeals for the Armed Forces (CAAF) has summarily reversed the United State Army Court of Criminal Appeals (ACCA) decision regarding United States v. Brantley. The reversal was based upon confused legal definitions and languages brought forth and maintained by the prosecution during trial procedures.

Defendant Mitchell L. Brantley was accused of allegedly touching an unaware victim in a sexual manner. The prosecution held that the victim was “asleep, unconscious, or otherwise unaware” at the time of the uninvited sexual touching. The defense created a challenge based upon the notion that sexually touching a sleeping victim creates a different criminal definition than compared to the same touching upon an unconscious victim; the same can be said of “otherwise unaware” victims. In the creation of three separate possible criminal scenarios through its vague description of alleged occurrences, the prosecution therefore did not establish that any one crime actually happened.

The CAAF agreed with the challenge. In citing both United States v. Sager and Article 120(b), it maintained that the prosecution had created three different and unique criminal theories, each one that could have led to conviction, but that a conviction could not be justly reached while all three were considered simultaneously or as one. Due to the insufficiency creating by the prosecution’s own descriptions, the case has been remanded. It will require new review for validity.

The CAAF decision represents an interesting cornerstone in military criminal law, and perhaps criminal defense cases outside of the military as well. In describing a criminal act and bringing it forth to charges and then conviction, there is a burden on the prosecution to use correct and precise language, a burden equivalent to its own burden to prove the defendant guilty beyond a reasonable doubt.

Military service members in any branch of the Armed Forces can come to Joseph L. Jordan and his law firm for steadfast defense from a civilian military defense attorney with a service background. From Washington to Florida to military bases overseas, Attorney Joseph Jordan can help you through difficult times and defend your rights and reputation no matter where you are or were stationed. Interested parties can contact his firm online or call 888.616.6177 to request a consultation with one of the nation’s most-trusted UCMJ lawyers.

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