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.

We Are Committed To Serving You

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

Installations We Serve

Recent Posts in Military Law News Category

61 results found. Viewing page 1 of 3. Go to page 1 2 3   Next

Gross Governmental Misconduct Ultimately Harmless in U.S. v. Claxton

In the case of U.S. v. Claxton, Air Force Cadet Stephan H. Claxton was convicted of wrongful sexual contact of one alleged victim, attempted abusive sexual contact and assault consummated by a battery ...
Continue reading "Gross Governmental Misconduct Ultimately Harmless in U.S. v. Claxton" »

Air Force CCA Decision May Forbid Use of Old Prescription Medication

The Air Force Court of Criminal Appeals (CCA) has recently overruled a decision in United States v. Lancaster that removed punishment from using prescription drugs for any purpose other than the ...
Continue reading "Air Force CCA Decision May Forbid Use of Old Prescription Medication" »

4th Amendment Violation causes Reversal of US v. Darnell

The Court of Appeals for the Armed Forces (CAAF) has reversed the ruling of the Navy-Marine Corps Court of Criminal Appeals (CCA) that originally upheld a conviction in United States v. Darnall. The ...
Continue reading "4th Amendment Violation causes Reversal of US v. Darnell" »

NMCCA Holds Constitution Can't Require Production of Privileged Records BUT, there are Other Remedies!

A three-judge panel of the Navy-Marine Corp CCA (NMCCA) just granted an alleged victim’s petition for a writ of mandamus in J.M. v. Payton-O’Brien and Ravenscraft. The petition reversed ...
Continue reading "NMCCA Holds Constitution Can't Require Production of Privileged Records BUT, there are Other Remedies!" »

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 ...
Continue reading "Conflicts of Interests in U.S. v. Hale Cause Conviction Reversal" »

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 ...
Continue reading "Unlawful Command Influence Means a New Trial in U.S. v. Boyce" »

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 ...
Continue reading "Reversal of U.S. v. Hendrix Conviction" »

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 ...
Continue reading "New ACCA Decision - MRE 513 (LK v. Acosta & RPI SFC Sanchez)" »

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 ...
Continue reading "MRE 414 in Child Molestation Cases & How It Impacted U.S. v. Fetrow" »

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 ...
Continue reading "Retired Service Members are Still Service Members, Says NMCCA" »

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 ...
Continue reading "Marine Corps Social Media Policy Paints Cyberbullying as Illegal" »

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 ...
Continue reading "Prohibited Online Misconduct Among Army Members Can Be Penalized" »

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 ...
Continue reading "New Trial Granted to Air Force Member After Favorable Evidence Appears" »

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 ...
Continue reading "Marine Corps Controversy Ignites After Nude Pics of Female Marines are Leaked" »

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 ...
Continue reading "Acquittal Doesn't Rule Out All Facts, Affirms U.S. v. Rosario" »

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 ...
Continue reading "Lack of Probable Cause Reverses Guilty Plea in U.S. v. Nieto" »

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 ...
Continue reading "Military Judge Calls Trump's Comments on Bergdahl "Disturbing"" »

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 ...
Continue reading "U.S. v. Muwwakkil: Missing Evidence Leads to Case Controversy" »

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. ...
Continue reading "U.S. v. Bowen Rehearing Authorized Due to Use of "Excited Utterance" Proof" »

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 ...
Continue reading "When Housebreaking Doesn't Require Walls or Ceilings" »

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 ...
Continue reading "CAAF to Consider How 4th Amendment Applies to Computer Searches" »

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 ...
Continue reading "Bergdahl Prosecutors Barred from Using Wounds" »

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 ...
Continue reading "Bergdahl "Responsible for Certain Amount" of Dangerous Missions" »

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 ...
Continue reading "Army Court of Criminal Appeals Re-examines Hills Decision" »

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 ...
Continue reading "Federal Court Vacates Marine Discharge in Controversial Case" »
61 results found. Viewing page 1 of 3. Go to page 1 2 3   Next

As Featured In: