Search This Blog

Wednesday, December 25, 2013

HAPPY HOLIDAYS!



We wish you all a Merry Christmas and very happy holidays!  Please keep our service men and women, and their families, in your thoughts and prayers this holiday season.  As we all enjoy our time off from work and our family time together, there are countless American troops serving overseas who will get no “real” holiday vacation this season and who are a world away from their nearest and dearest relatives.  We need to keep their sacrifices and contributions in mind and pray for their safe return. 

Tuesday, December 10, 2013

Duke Law Professor and Former Air Force Deputy Judge Advocate General (DJAG) Details Top 10 Reasons Why Senator Kirsten Gillibrand's Military Sexual Assault Bill is the Wrong Solution

Maj Gen (Ret) Charles Dunlap is a Duke law school professor, as well as being the former Air Force Deputy Judge Advocate General (DJAG) and a former military judge.  In his recent paper regarding the issue of rape and sexual assault cases in the military justice system (UCMJ Article 120), Maj Gen Dunlap sets forth his top 10 reasons why Senator Kirsten Gillibrand's military sexual assault bill is the wrong solution.  Maj Gen Dunlap's paper can be found here:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2358044

A discussion of that paper can be found here:

http://www.caaflog.com/2013/12/09/maj-gen-dunlaps-top-10-reasons-he-opposes-sen-gillibrands-proposal/#comments

And here is a paper by Charles "Cully" Stimson from the Heritage Foundation:

http://www.heritage.org/research/reports/2013/11/sexual-assault-in-the-military-understanding-the-problem-and-how-to-fix-it 




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 Colorado Springs, Colorado and Northern Florida, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed.

Wednesday, December 04, 2013

"How Can You Defend Them?" Wrongfully Convicted, Robbed of 25 Years of His Life, Taken from His Young Son...The Case of Michael Morton


In previous blog posts, I have addressed the question often posed to criminal defense attorneys:  "How can you defend them?"  





http://militaryadvocate.blogspot.com/2007/04/how-can-you-defend-them-duke-lacrosse.html

Here is another sad tale that answers the question.  This is the CNN reported story of Michael Morton - an innocent man who lost his case, his freedom, a large portion of his life, his relationship with his son (and, oh yes, the wife he was wrongfully convicted of murdering):


http://www.cnn.com/2013/12/04/justice/exonerated-prisoner-update-michael-morton/index.html?hpt=hp_bn1


You can imagine the prosecutor raging away in front of those Texas jurors with tears running down his cheeks.  That prosecutor later became a Texas judge.  That prosecutor stole not only a large portion of Michael Morton's life, but justice itself.  That prosecutor ended up in jail himself - for failing to turn over evidence to the defense which would have supported Michael Morton's innocence.

I encourage you to watch the CNN film about this case, airing this Thursday, and, in the future when you initially hear about a case, don't be so fast to presume the accused must be guilty and the defense is shady.  Cases like Michael Morton's are why we do what we do.  Cases like his are why it's so important to have advocates on the defense side who fight not only for their clients, but for the criminal justice system itself.  An innocent man behind bars for 25 years... 


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 Colorado Springs, Colorado and Northern Florida, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed.