Category: Court of Appeals For The Armed Forces
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Does the Military Test for CBD
Jan 28, 2019WHAT 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...View Article -
What are My Article 31, UCMJ Rights?
Apr 11, 2017CONTACT US! This morning we received a phone call with a question about Article 31, UCMJ rights. The more you know, the better you can make informed decisions. Generally, we take the view that it is almost never a good decision to make a statement without consulting with counsel. There are several reasons for that:1)...View Article -
Fight Over the Definition of Reasonable Doubt in The Air Force Headed to the Military’s Highest Court
Jun 27, 2016As a litigator, I can say that I have memorized the definition of reasonable doubt in each of the branches. Many times I have stood in front of a jury and discussed that definition.Each of the branches has slightly different definitions of reasonable doubt. The definition of reasonable doubt can often mean the difference between...View Article -
Knowking When to Revoke Consent to a Search – Court of Appeals for the Armed Forces Overturns Conviction in Hoffman
Feb 19, 2016Yesterday, the Court of Appeals for the Armed Forces overturned a conviction in a case that a friend of the firm – and talented trial attorney – litigated at trial. The case was US v. Hoffman. You can read the opinion here. It is refreshing to see CAAF reverse a conviction because of an illegal search and...View Article -
Unlawful Command Influence Basics
Jan 19, 2016We often get questions about what constitutes unlawful command influence. Here are some basics about how UCI functions in a court-martial. The defense, as the moving party, under United States v. Biagase, 50 M.J. 143, 150 (1999), bears the initial burden of eliciting “some evidence” of “facts which, if true, constitute unlawful command influence, and that the...View Article