EI INCUMBIT PROBATIO QUI DICIT.

Blog Posts in Courts-Martial

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  • All Constitutional Errors Must Be Reviewed for Harmlessness, According to CAAF
    All Constitutional Errors Must Be Reviewed for Harmlessness, According to CAAF

    As a result of U.S. v. Tovarchavez ’s conclusion, the Court of Appeals for the Armed Forces (CAAF) has held that any and all constitutional errors must be reviewed for harmlessness, even if those ...

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  • How to Avoid the Minefields of Military Justice – Issue 2 – Alcohol – Have a Plan
    How to Avoid the Minefields of Military Justice – Issue 2 – Alcohol – Have a Plan

    Alcohol – Have a Plan Alcohol seems to be the root of all evils in the military. Is it though? I don’t know. There are always those individuals who just can’t handle their liquor. Alcohol permeates ...

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  • Army Moves to Court-Martial a Retired General Officer
    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
    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 ...

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  • 4th Amendment Violation causes Reversal of US v. Darnell
    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!
    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 the military ...

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