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In 1983, a woman was attacked near the Quantico Marine Base in Virginia. The victim’s description of her assailant prompted the military officers to convict and court-martial Corporal Lindsey Scott, the only black MP in the Quantico Criminal Investigation Division, despite his pleas of innocence. He was initially convicted and sentenced to 30 years in...

The Maywand District killings involved the deaths of at least 3 Afghan civilians by a group of U.S. Army soldiers in 2010. The soldiers became known as the “Kill Team” and were members of the 3rd Platoon, Bravo Company 2nd Battalion, 1st Infantry Regiment, 5th Brigade, 2nd Infantry Division. They were based at FOB Ramrod in the...

WHAT IS CBD? CBD oil, or cannabidiol, is a derivative of industrial hemp and contains little to no THC (tetrahydrocannabinol). THC is the substance that military drug labs test for. With little or no THC in most CBD products, it is unlikely a person would fail a military drug test. Contact Daniel Conway & Associates today to...

Under the US Constitution, an accused enjoys the right to a speedy trial. US v. Danylo, 73 M.J. 183 (C.A.A.F. 2013). A service members 6th Amendment right to a speedy trial triggers upon the preferral of charges or pretrial restraint. That right is also codified in Article 10, UCMJ. Military courts look at 4 issues...

Under R.C.M. 906 (b)(8), the defense may move the court for relief from pretrial confinement in violation of R.C.M. 305.The defense, as the moving party, has the burden of showing by a preponderance of the evidence that: (1) the 7-day reviewing officer’s decision was an abuse of discretion; or (2) information not presented to the...

Expert witnesses can be a critical part of any court-martial. Service members have a right to confidential experts. See United States v. Turner, 28 M.J. 487, 489 (C.M.A. 1989); United States v. King, 32 M.J. 709 (A.C.M.R. 1991). Under R.C.M. 701 (f), their confidential assistance is subject to the attorney-client privilege and the work product privilege.As a matter of military...

Over the last 10 years, the firm has seen an increasing number of cases involving performance-enhancing drugs, steroids, and banned pro-hormones. The Department of Defense recently adopted the World Anti-Doping list of banned drugs. This has opened up a whole new class of offenses that military members are facing. More often than not, service members are...

CONTACT US! We receive a number of inquiries every month about maximum punishments under the Manual for Courts-Martial. Here is the maximum punishment chart for 2019. 2019 MANUAL FOR COURTS-MARTIAL COURT MARTIAL PUNISHMENT CHART

NEW 2019 MANUAL FOR COURTS-MARTIAL PDF Presidential OrderPart I, PreamblePart II, Rules for Courts-MartialPart III, Military Rules of EvidencePart IV, Punitive ArticlesPart V, Nonjudicial PunishmentAppendixSupplementary MaterialsNon-binding Guidance Changes to Jury Selection in 2019Here are the major changes to military practice for 2019. This is a very simplified guide to give potential accused members a general...

NEW 2019 MANUAL FOR COURTS-MARTIAL PDF Presidential Order Changes to Jury Selection in 2019Here are the major changes to military practice for 2019. This is a very simplified guide to give potential accused members a general idea of the changes coming for 2019.Court-Martial CompositionIn 2019, court-martials will have a fixed composition. A General Court-Martial will...