EI INCUMBIT PROBATIO QUI DICIT.

Blog Posts in 2018

All Posts
  • U.S. v. Schloff Authorized Reversed Conviction After Unlawful Command Influence Jeopardizes Findings
    U.S. v. Schloff Authorized Reversed Conviction After Unlawful Command Influence Jeopardizes Findings

    In United States v. Schloff , 74 M.J. 312 ( CAAF 2015 ), the Court of Appeals for the Armed Forces (CAAF) maintained the definitions of sexual contact in military criminal justice settings. In ...

    Read More
  • Preemption Doctrine is Newly Limited by CAAF in U.S. v Wheeler
    Preemption Doctrine is Newly Limited by CAAF in U.S. v Wheeler

    The Preemption Doctrine of military law and the Uniform Code of Military Justice (UCMJ) acts as a limitation to Article 134, UCMJ. The first clause of the Preemption Doctrine states that Article 134 ...

    Read More
  • CAAF Reviews Rape Penalties, Maintains Statute of Limitations is 5 Years
    CAAF Reviews Rape Penalties, Maintains Statute of Limitations is 5 Years

    The United States Court of Appeals for the Armed Forces (CAAF) has maintained that the statute of limitations on rape of an adult charges , without any aggravating factors, is set at five years. The ...

    Read More
  • Investigators Access Suspect Account After Eavesdropping, CCA Upholds Action
    Investigators Access Suspect Account After Eavesdropping, CCA Upholds Action

    In United States v. Langhorne , military investigators admitted to monitoring the defendant’s phone calls to learn his Facebook account name and password. After obtaining the private information, the ...

    Read More