EI INCUMBIT PROBATIO QUI DICIT.

Blog Posts in February, 2015

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  • Confinement Credit & How CCFs Can Inhibit Military Justice
    Confinement Credit & How CCFs Can Inhibit Military Justice

    When a soldier is charged for a crime and there is concern about his or her attendance to the trial, then a judge may find that confinement for that soldier is the best course of action. Pretrial ...

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  • Court Rules that Self-Incrimination Did Not Result in Fourth Amendment Violation
    Court Rules that Self-Incrimination Did Not Result in Fourth Amendment Violation

    The Fifth Circuit Court of Appeals recently ruled on a very sensitive Fourth Amendment matter in the case of United States v. Montgomery, in which the court considered a claim of illegal search and ...

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  • Recent 5th Circuit Ruling on When Hot Pursuit Stops and Probable Cause Starts
    Recent 5th Circuit Ruling on When Hot Pursuit Stops and Probable Cause Starts

    While there are many differences between civilian courts and military courts, both share one thing in common: in the case of appeals, when clarification is needed, federal court decisions hold sway ...

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  • New Bill Pushes for Military Sex Offender Database
    New Bill Pushes for Military Sex Offender Database

    Congress is continuing its crack-down on the military's approach to handling sexual abuse cases. Last Thursday, a new bill was introduced to the House of Representatives to create a new Department of ...

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  • "Good Soldier" Defense Now Barred from Military Court

    Once a criminal trial begins in civilian court, facts concerning the incident in question are of the utmost importance and there is little opportunity assert the character of the accused. However, in ...

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  • Junior Officer Black Marks Will No Longer Be Masked
    Junior Officer Black Marks Will No Longer Be Masked

    Since 1997, it has been Army policy that junior officer evaluations would be sealed from boards reviewing captains and chief warrant officers for further promotion. This long-standing policy has now ...

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