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Articles Posted in Defenses

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Affirmative defenses–Macdonald trailers?

No. 19-0051/AR. U.S. v. Korey B. Kangich. CCA 20170170. On consideration of the granted issue, 78 M.J. 304 (C.A.A.F. 2019), the judgment of the United States Army Court of Criminal Appeals, United States v. Kangich, No. 20170170 (A. Ct. Crim. App. Sep 27, 2018) (unpublished), and the opinion of this Court in United States v. McDonald, __ M.J. __ (C.A.A.F. Apr. 17, 2019), we conclude…

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Private internet speech is unlawful if an officer in the AF

11 October 2018.  Orders Granting Petition for Review No. 18-0339/AF. U.S. v. Scott A. Meakin. CCA 38968. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue: WHETHER APPELLANT’S CONVICTION FOR…

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Drug induced psychosis as a defense

Reports regarding an Irish court-martial and litigation involving Lariam are most interesting.  Partly because of a case pending decision in the United States Court of Appeals for the Armed Forces. The Irish Times reports that: Taoiseach Enda Kenny has defended the Army’s continued use of the controversial anti-malaria drug Lariam,…

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Exchange, shoplifting, and medication.

A lieutenant colonel said because he suffers from kleptomania he should not be court-martialed for shoplifting last year at Fort Benning, Ga. Lt. Col. Rodney Page, a 28-year Army veteran, admits to stealing $37 worth of challenge coins at the post exchange, but he blames the Army for mistakenly reducing…

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Failures in care of combat stressed Soldiers leading to blue on blue incidents?

MiamiHerald.com An American soldier accused of killing five fellow troops at a counseling center in Iraq had been unraveling for nearly two weeks but the U.S. military lacked clear procedures to monitor him or deal with the deadly shooting spree once it began to unfold, a military report found. The…

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New ACCA decision

United States v. Brasington, ARMY 20060033 (A. Ct. Crim. App. 5 October 2009). On 10 September 2008, our superior court granted appellant’s petition for grant of review on the following issue: WHETHER APPELLANT WAS DENIED HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL WHERE THE TRIAL DEFENSE COUNSEL ALLEGEDLY…

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Shoplifting.

Did Iraq veteran’s PTSD spark his shoplifitng charge?  By Julia O’Malley | Anchorage Daily News. Do you have client accused of shoplifting, a senior officer or senior enlisted perhaps, a really good person who no-one would have imagined as stealing from the Exchange?  Can you explain that? For some years…

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