"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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Recent Posts in Military Law News Category

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More Brass & Senior Civilians Accused of Sexual Misbehavior Than Ever

Pentagon officials have recently reported that complaints filed against military brass – or commissioned officers – and senior civilian officials for sexual misconduct are on a noticeable ...
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Whidbey Crew in Trouble After Aircraft Prank

On November 16, 2017, residents in Okanogan, Washington, looked up to see a giant phallus sketched in the blue autumn sky. It was left there by the Navy crew of the EA-18G Growler, based at Whidbey ...
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Fort Hood, 13 Soldiers Arrested After 16-Hour Prostitution Sting

The McLennan County Sheriff’s Department and the Bell County Sheriff’s Department Special Crimes Unit have recently reported the arrests of 20 male individuals, including 13 active-duty ...
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Army Moves to Court-Martial a Retired General Officer

Over the weekend, an Article 32 preliminary hearing was held to consider allegations of rape of a child by retired Army Major General James J. Grazioplene. The retired general is accused of committing ...
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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 ...
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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 ...
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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 ...
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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 ...
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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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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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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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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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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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