Category: Court of Appeals For The Armed Forces

  • Does the Military Test for CBD

    Jan 28, 2019
    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...
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  • What are My Article 31, UCMJ Rights?

    Apr 11, 2017
    CONTACT 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)...
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  • Fight Over the Definition of Reasonable Doubt in The Air Force Headed to the Military’s Highest Court

    Jun 27, 2016
    As 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...
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  • Knowking When to Revoke Consent to a Search – Court of Appeals for the Armed Forces Overturns Conviction in Hoffman

    Feb 19, 2016
    Yesterday, 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...
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  • Unlawful Command Influence Basics

    Jan 19, 2016
    We 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...
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