200909.28
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Information is Power

A soldier that has been wearing the uniform for 23 years is being forced to retire due to not passing a tape test. He recently posted a comment on this blog after reading the Chapter 18 fact sheet. I am sadden to hear that he would have fought his separation if he had known what…

200909.23
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Rights Advisement

MEMORANDUM FOR Client SUBJECT: Rights Advisement 1. This memorandum has two purposes. First, it explains to you the nature of the attorney-client relationship and how it will affect you and me as long as I am your attorney in your upcoming court-martial. Secondly, it explains to you the various rights that you have in your…

200909.21
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Post-Trial and Appellate Rights

1. General. If you are convicted of any charges at court-martial, you still have important post-trial and appellate rights: a. You can Seek Deferral of the Adjudged Sentence and Waiver of Forfeitures. Any confinement adjudged at your court-martial normally begins immediately. Under the rules, however, your defense counsel can ask the commander who ordered your…

200909.17
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Strategic Sexual Assault Litigation Skills

The Naval Justice School conducted a Strategic Sexual Assault Litigation Skills Course this week in Newport, Rhode Island. The course was designed to teach the responsibilities of senior counsel in mentoring junior counsel. The course primarily concentrated on advanced litigation skills. I was invited to speak on how the rules of evidence can most effectively…

200909.02
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Summary Court-Martial Information

Peace of Mind Legal Review Are you facing a summary court-martial?  You probably have questions about the procedure and what are your best options for a successful outcome.  If you have spoken with trial defense services and would like to obtain more information, a peace of mind legal review may be a good option for…

200908.27
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Article 32 Hearing

Under Rule for Courts-Martial (RCM) 405 “…no charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the maters set forth therein has been made…” This provision sounds nice but in most jurisdictions the Article 32 is nothing but a speed bump to the General…

200908.26
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Sex Offender Registration

The latest article in the August issue of the Army Lawyer is available online, and should be read by every civilian military attorney.  An article that is a must read is Major Andrew D. Flor’s article Sex Offender Registration Laws and the Uniform Code of Military Justice.  An excerpt of his article is as follows: Before 2006,…