Search This Blog

Loading...

Friday, August 21, 2015

CIVILIAN COURT-MARTIAL DEFENSE LAWYERS: "Deeply Troubling Conduct" by Military Trial Counsel Regarding Discovery Obligations...Case Dismissed

MILITARY CRIMINAL DEFENSE LAWYER (Former JAG Attorney) NEWS:

The Court of Appeals for the Armed Forces (CAAF) recently upheld an Army trial judge's dismissal - with prejudice - of a sexual assault court-martial due to repeated discovery violations by the military prosecutor.  Here is an analysis of the case on the blog CAAFlog:

http://www.caaflog.com/2015/08/21/opinion-analysis-finding-deeply-troubling-conduct-by-trial-counsel-caaf-affirms-dismissal-with-prejudice-in-united-states-v-stellato-no-15-0315ar/

At this point over the years, I have posted countless stories about the military justice system and how misguided politicians and advocates are seeking to destroy the fairness of the system by making changes to the system, and threatening more changes, if "trends and statistics" don't change to their liking - meaning predetermined prosecution oriented outcomes in alleged rape and sexual assault cases (UCMJ Article 120).  

In this oppressive environment, the defense relies, more than ever, on prosecutors and trial judges to be immune from this improper pressure and to ensure the military justice system is fair.  In this Stellato case, it appears the military trial judge did just that, but trial counsel apparently wasn't equal to the task.  I wonder what Sen Gillibrand, Sen McCaskill, Rep. Speier, and others who spew their ignorance about the military justice system would think about this appellate decision?  Was this, in their eyes, a necessary and sound decision to uphold the integrity of a criminal justice system and the Constitutional rights of an accused...or is this one more indication the military system is "broken" because a defense motion was granted and this sexual assault case didn't result in conviction and harsh sentence?

We are practicing during a very dangerous chapter in the history of the military justice system...

For more information about the military justice system, particularly cases alleging rape and/or sexual assault in violation of UCMJ Article 120, type “rape” or “sexual assault” into the search bar above the blog posts.  Also, see:


We offer free consultations for a case you may be involved in.  Just call us.

Thank you.    

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com


Blog postscript: Attorney Frank J. Spinner and I (attorney Richard V. Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law and military justice. This blog addresses issues in military law, military justice, military discipline, military defense, court-martial practice, the Uniform Code of Military Justice (UCMJ) and other military and/or legal topics. Nothing posted in this blog should be substituted for legal advice in any particular case. If you seek legal advice for a particular case, please contact The Law Offices of Richard V. Stevens and The Law Office of Frank J. Spinner for a free consultation. These military defense law offices are located in Northern Florida (Pensacola, Ft Walton, Destin, Eglin AFB, Hurlburt Field, Duke Field, Panama City, Tyndall AFB areas) and Colorado Springs, Colorado (FT Carson, Peterson AFB, Air Force Academy, Schriever AFB, Cheyenne Mountain Air Force Station, Buckley AFB areas), but our military defense law practices are worldwide – we travel to wherever our clients are stationed or serving and need us.
  

Former Baltimore Ravens Cheerleader Receives Probation for Alleged Rape of a Minor


CIVILIAN COURT-MARTIAL DEFENSE LAWYERS NEWS:

According to the the latest news, former Baltimore Ravens (NFL) cheerleader, Molly Shattuck, has been sentenced to two years probation after pleading guilty to raping a 15-year-old boy.  The FoxNews article can be found here:

http://www.foxnews.com/us/2015/08/21/former-nfl-cheerleader-sentenced-to-probation-for-rape/

As a defense attorney, I would not advocate that she should have received a harsher sentence, and I'm not doing so here.  Rather, I simply wish that men who face such allegations in the civilian and military justice systems would receive the same consideration as Ms. Shattuck received.  

The United States Constitution guarantees our citizens "equal protection of the laws." Do you think that truly occurs when it comes to allegations of sexual misconduct? 

How many times are military men accused of rape or sexual assault because they had sex with a woman who later claims she wouldn't have engaged in the sex if she was completely sober?  

How many military women are accused of rape or sexual assault because they had sex with a man who wouldn't have engaged in the sex if he was completely sober?...

For more information about the military justice system, particularly cases alleging rape and/or sexual assault in violation of UCMJ Article 120, type “rape” or “sexual assault” into the search bar above the blog posts.  Also, see:


We offer free consultations for a case you may be involved in.  Just call us.

Thank you.    

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com


Blog postscript: Attorney Frank J. Spinner and I (attorney Richard V. Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law and military justice. This blog addresses issues in military law, military justice, military discipline, military defense, court-martial practice, the Uniform Code of Military Justice (UCMJ) and other military and/or legal topics. Nothing posted in this blog should be substituted for legal advice in any particular case. If you seek legal advice for a particular case, please contact The Law Offices of Richard V. Stevens and The Law Office of Frank J. Spinner for a free consultation. These military defense law offices are located in Northern Florida (Pensacola, Ft Walton, Destin, Eglin AFB, Hurlburt Field, Duke Field, Panama City, Tyndall AFB areas) and Colorado Springs, Colorado (FT Carson, Peterson AFB, Air Force Academy, Schriever AFB, Cheyenne Mountain Air Force Station, Buckley AFB areas), but our military defense law practices are worldwide – we travel to wherever our clients are stationed or serving and need us.


Tuesday, August 04, 2015

The Passing of a Great Defense Lawyer and Navy JAG Officer Raises Cancer Concerns at Guantanamo Bay



We are very sad to report that a great military defense lawyer, Navy JAG officer, and man - Lt. Cmdr. William Kuebler - has passed away much too early, and his unfortunate passing has raised concerns about a possible association between Guantanamo Bay Cuba (GITMO) and cancer.  A Miami Herald article on this appears here:

http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article29610361.html

Here also is another article regarding this concern:

https://news.vice.com/article/guantanamo-cancer-cluster-fears-were-warned-of-by-personnel-years-ago

Rest in peace Lt. Cmdr. Kuebler; thank you for your service.  

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com

Blog postscript: Attorney Frank J. Spinner and I (attorney Richard V. Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law and military justice. This blog addresses issues in military law, military justice, military discipline, military defense, court-martial practice, the Uniform Code of Military Justice (UCMJ) and other military and/or legal topics. Nothing posted in this blog should be substituted for legal advice in any particular case. If you seek legal advice for a particular case, please contact The Law Offices of Richard V. Stevens and The Law Office of Frank J. Spinner for a free consultation. These military defense law offices are located in Northern Florida (Pensacola, Ft Walton, Destin, Eglin AFB, Hurlburt Field, Duke Field, Panama City, Tyndall AFB areas) and Colorado Springs, Colorado (FT Carson, Peterson AFB, Air Force Academy, Schriever AFB, Cheyenne Mountain Air Force Station, Buckley AFB areas), but our military defense law practices are worldwide – we travel to wherever our clients are stationed or serving and need us.


Monday, August 03, 2015

THE MILITARY DEFENSE LAW OFFICES OF RICHARD V. STEVENS, P.C. ANNOUNCES EXPANSION - ATTORNEY MICHAEL J. COCO


The Military Defense Law Offices of Richard V. Stevens, P.C. is excited and honored to announce that retired Air Force trial judge Michael J. Coco has associated with our firm in an "of counsel" capacity.  Please see a brief biography for Mr. Coco at:

http://militaryadvocate.com/about-us/

An online press release announcing the association can be found here:

https://www.prbuzz.com/business-entrepreneur/340856-worldwide-military-defense-law-offices-of-richard-v-stevens-announces-expansion.html

The combined military law and military justice experience between Mr. Stevens and Mr. Coco is nearly four decades - an incredible resource for our clients.  For more information about the military justice system and the cases we handle, you can use the blog search function and also see:



To see some of our appearances in the media, please see:


We offer free consultations for a case you may be involved in.  Just call us.

Thank you. 

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com

Blog postscript: Attorney Frank J. Spinner and I (attorney Richard V. Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law and military justice. This blog addresses issues in military law, military justice, military discipline, military defense, court-martial practice, the Uniform Code of Military Justice (UCMJ) and other military and/or legal topics. Nothing posted in this blog should be substituted for legal advice in any particular case. If you seek legal advice for a particular case, please contact The Law Offices of Richard V. Stevens and The Law Office of Frank J. Spinner for a free consultation. These military defense law offices are located in Northern Florida (Pensacola, Ft Walton, Destin, Eglin AFB, Hurlburt Field, Duke Field, Panama City, Tyndall AFB areas) and Colorado Springs, Colorado (FT Carson, Peterson AFB, Air Force Academy, Schriever AFB, Cheyenne Mountain Air Force Station, Buckley AFB areas), but our military defense law practices are worldwide – we travel to wherever our clients are stationed or serving and need us.