Blog Posts in October, 2012

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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