Blog Posts in 2012

Want to Learn More about Dishman Military Advocates?

Have you been charged with a military crime? If so, then you need the help of a military attorney who understands how to advocate in a military court of law. Militia courts are different than those ...
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Are all Military Judges Impartial?

In an unpublished opinion, the Navy and Marine Corps Criminal Court of Appeals (NMCCCA) determined that a military judge demonstrated bias during a post-trial event. It appears that a few weeks after ...
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General Petraeus Military Scandal Puts General Allen In Hot Water

Will General Petraeus be court martialed? Will General Allen be court martialed? Will Paula Broadwell face trial? The answer to each of these questions is likely, "no," with the only ...
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SCOTUS Doesn't Find Double Jeopardy During Mistrial

Although Blueford v. Arkansas is a civilian trial, it provides interesting precedent in all lower courts (including military courts martial). Here, the issue before SCOTUS was whether the ...
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Federal Courts Continue to Hold Acceptance of NJP as Precluding Subsequent Federal Charges for the Same Offense

As previously discussed in United States v. Espinoza (2011) , the District Court for the Eastern District of Virginia had barred prosecution of service members in federal courts after they had waived ...
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Different Federal Court, Different Holding: Washington holds NJP convictions do not preclude Federal Court charges for the same offense

Similar to the facts of Espinosa, the defendant was a serviceman who was charged with drunken operation of a motor vehicle on a military installation who subsequently agreed to Article 15 Non-Judicial ...
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Virignia District Court holds that prior NJP precludes Federal Court charges for same offense

The defendant was charged with operating a motor vehicle while intoxicated aboard Marine Corps Base at Quantico, Virginia. The defendant, although having an absolute right to trial by court-martial, ...
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I'm Being Court Martialed. Now What?

Are you facing court martial in the U.S. Armed Forces? If so, you need to take immediate steps to improve your chances of a positive result at trial. 1) Understand the government is going to do ...
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Preparing For Your Military Discharge Board

Are you facing a discharge board as a member of the armed forces? If so, there are steps you should be taking now to protect your rights and ensure your best outcome at the board. Here are four ...
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SCOTUS Holds that DWI Blood-Alcohol Tests Must Meet Melendez-Diaz Standard

In Bullcoming v. New Mexico (2011) the defendant was accused of driving while intoxicated. The prosecution attempted to admit a blood alcohol report into evidence, without providing the accused with ...
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. vs. Tearman demonstrates CAAF's Subtle Exception for Testimonial Hearsay

In U.S. vs. Tearman (2011), CAAF made a subtle exception to the Blazier (2010) decision, which had held the introduction of summarized drug testing reports was in violation of the accused's 6 th ...
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The Re-Rejection of Magyari: CAAF's Current Testimonial Hearsay Interpretation

As mentioned previously a prior blog, the CAAF in Sweeny (2011) chastised lower courts and prosecutors for their continued reliance on Magyari (2006) after Blazier II's (2010) decision, which ...
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The Old Standard: Drug Screening Data not Hearsay

In 2006, the CAAF ruled in Magyari v. U.S. that data entries made by technicians of the Navy Drug Screening Laboratory in the accused's urinalysis report did not constitute testimonial statements; ...
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Sweeny and others make Blazier and its progeny the Article 112a Evidentiary Standard

Blazier II's decision was decided little over a year and a half ago, but has already been cited in numerous subsequent 112a (drug offense) courts martial. In United States v. Sweeney, the CAAF ...
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CAAF Demands Heightened Evidentiary Standard Post Melendez-Diaz

Prosecutors will face a stricter evidentiary standard in Article 112a cases. Since the Supreme Court ruled on Melendez-Diaz in 2008, trial courts have held that drug analysis reports are a form of ...
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Noah Johnson

Noah Johnson We wish to welcome, intern Noah Johnson to our team! Noah Johnson is a 2007 graduate of Texas A&M University who was commissioned as a Second Lieutenant in the United States Marine ...
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Blazier III: Blazier Denied Relief under United States v. Blazier

Opinion Handed Down by AFCCA on 9 August 2012 In November of 2006 a court martial consisting of officer members convicted Air Force SrA Joshua Blazier of negligent dereliction of duty and wrongful use ...
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Welcome to our Military Criminal Defense Blog

We are pleased to announce the launch of our Military Criminal Defense Blog. You can subscribe to our RSS feed by clicking here.
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