The military already has rules and regulations about membership in certain hate groups. The tragic events at Charlottesville are likely to garner more attention to the issue of military personnel and hate groups. From Task & Purpose. James Alex Fields Jr., the 20-year-old Army basic training wash-out accused of running…
As you know, Military Rule of Evidence 1102 provides that, Amendments to the Federal Rules of Evidence – other than Articles III and V – will amend parallel provisions of the Military Rules of Evidence by operation of law 18 months after the effective date of such amendments, unless action to the contrary is taken…
There is increasing attention to the possibility that DNA “evidence” at the scene of an alleged crime is just too good and may implicate the innocent. Touch-trace DNA is the issue. Here is an interesting discussion that may help form an argument to exclude DNA evidence or address it with…
A major piece in the New York Times magazine by Emily Bazelon dissects the conviction of Noura Jackson for the murder of her mother. The accused’s DNA was excluded as a match for any of the three DNA profiles found at the scene and there was no physical evidence linking the accused…
Virginia Military and Veteran Legal Resource Guide Attorney General Mark R. Herring has created the Virginia Military and Veteran Legal Resource Guide, a new tool to help Virginia servicemembers, military families, and veterans understand the unique legal protections, rights, and resources available to them under the law. Volunteer attorneys from…
In my case of United States v. Lightsey, the CAAF has set-aside the decision of the Air Force Court of Criminal Appeals, and has ordered a new review to consider the impact of United States v. Hukill. Hukill applied the court’s decision in United States v. Hills to military judge…
Military veterans keep secrets from the battlefield. But retired Marine Richard Cachola’s refusal to reveal details of a traumatic experience he had while serving in Iraq — and the mental health treatment he received as a result — put him at risk of losing custody of his children. “My PTSD has no…
Sexual Harassment Prevention & Response Program, OPNAVINST 5300.13. Equal Opportunity Program, OPNAVINST 5354.1G.
As I have argued, for some time in courts-martial, sex offender registration is effectively a punishment in today’s society–despite what legislators and courts say. Well, now we have an interesting decision from the Pennsylvania Supreme Court, in a 3-1 decision, about ex post facto changes to SOR. [T]he provisions of…
The DoD Joint Service Committee on Military Justice has some new “publications” on its website. But more importantly, there are a number of proposed changes not yet on their site (but which are available on CAAFLog). A draft Executive Order indicating an effective date for the MJA of January 1,…