CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY DEFENSE LAW OFFICES OF RICHARD V. STEVENS: June 2012

Friday, June 29, 2012

US Supreme Court Strikes Down Stolen Valor Act, Suggesting Re-Write

The US Supreme Court has struck down the 2006 Stolen Valor Act which made it illegal for an individual to make false claims of military honors. A 6-3 majority found the law, as broadly written, to violate the First Amendment right to free speech. However, the decision acknowledged the importance of protecting the integrity of military honors, and suggested that a more narrowly written law could accomplish this goal and not run afoul of the First Amendment. The Military Times story appears here:

http://www.militarytimes.com/news/2012/06/military-court-strikes-down-stolen-valor-062812w/

Wednesday, June 27, 2012

Civilian Court-Martial Lawyers: Military Officer Represented by Attorney Richard V. Stevens Wins Recommendation at Flying Evaluation Board (FEB)

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a senior military officer and pilot represented by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) won a recommendation to keep his wings at a Flying Evaluation Board (FEB) hearing. At the FEB hearing, the defense presented evidence and witnesses clarifying not only the true facts of the situation, but the proper application of the aviation regulations that pertained to the situation. After deliberation, the FEB board members returned a recommendation that the pilot keep his wings.

Due to the nature of adverse administrative actions in the military, no further details about this case can be released. While the defense was successful in this case, it is important to understand that every case has different facts, and success in some previous case(s) does not guarantee success in any particular future case. No military lawyer or civilian defense lawyer, including those who specialize in military law, can guarantee the outcome of any military case.

For more information on the military justice system, please see our other blog posts. 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 Colorado Springs, Colorado and Southern New Jersey, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed.

Friday, June 22, 2012

Civilian Court-Martial Lawyers: Military Academy Cadet Represented by Attorney Richard V. Stevens has Court-Martial Charges and Case Alleging Rape (UCMJ Article 120) Dropped by the Government

Military Defense Lawyer (Former JAG Attorney) News:

Recently, an Air Force Academy (USAFA) cadet represented by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the court-martial allegations, and case, he faced dropped by the government.

The client faced court-martial allegations that he raped a civilian associate because she claimed to be too intoxicated to consent to sexual activity (UCMJ Article 120, “substantial incapacitation”). During the pre-trial Article 32 hearing, the defense presented compelling evidence and testimony that disputed the complainant’s claims that she was too intoxicated to consent to sex. This included photographs from the night at issue, observations by witnesses to the events that evening, and conversations, phone calls and text messages by the complainant herself.

The findings and recommendations of the Investigating Officer at the Article 32 hearing included his opinion that reasonable grounds to believe the client committed the alleged offenses did not exist, and a recommendation that the case be dropped. Based on this recommendation, the court-martial allegations and case were dropped, allowing the cadet to graduate from the USAFA. If convicted, the client faced a maximum court-martial sentence including life in prison, dismissal (dishonorable discharge for an officer) and forfeitures of all pay and allowances.

While the court-martial in this case was dropped, and the case was successfully defended against, it is important to understand that every case has different facts, and success in some previous case(s) does not guarantee success in any particular future military case. No military lawyer or civilian defense lawyer, including those who specialize in military law, can guarantee the outcome of any military case.

For more information on the military justice system, please see our other blog posts, including (http://militaryadvocate.blogspot.com/2011/01/civilian-court-martial-lawyers-military_17.html). 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

Civilian Court-Martial Lawyers: Military Officer Represented by Attorney Richard V. Stevens has Court-Martial Charges Alleging Larceny, and Case, Dropped

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer represented by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the court-martial charges, and court-martial case, he faced dropped (withdrawn and dismissed) by the government.

The client initially faced a total of 29 court-martial specifications (allegations), covering 5 pages of the court-martial charge sheet. These allegations included larceny, wrongful appropriation, wire fraud and conduct unbecoming an officer and gentleman (UCMJ Articles 121, 133 & 134). As trial approached, the defense aggressively argued the legal and factual flaws in the case, and began chipping away at the specifications. Some specifications failed to survive the defense motions. Still, the case proceeded toward a court-martial trial. The defense continued to point out significant issues regarding the credibility of the government’s witnesses and the clear evidence contrary to the government’s case. Ultimately, on the eve of the beginning of the court-martial trial, the government agreed to withdraw and dismiss the court-martial allegations and case, addressing the situation administratively instead.

If convicted, the client faced a maximum sentence including hundreds of years of confinement in prison, dismissal (dishonorable discharge for an officer) and forfeitures of all pay and allowances.

For more information on the military justice system, please see our other blog posts. 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

Thursday, June 21, 2012

Civilian Court-Martial Lawyers: Military Officer Represented by Attorney Richard V. Stevens Cleared in Misconduct Investigation

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer represented by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) was cleared in a misconduct investigation. In response to the investigation, the defense submitted an argument describing the circumstances and advocating for no adverse/disciplinary action against the client. This submission was considered, the investigation was closed and the client was cleared. No adverse/disciplinary action was taken against the client.

Due to the nature of military investigations, no further details about this case can be released. While the defense was successful in this case, it is important to understand that every case has different facts, and success in some previous case(s) does not guarantee success in any particular future case. No military lawyer or civilian defense lawyer, including those who specialize in military law, can guarantee the outcome of any military case.

For more information on the military justice system, please see our other blog posts. 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

Civilian Court-Martial Lawyers: Military Officer Represented by Attorney Richard V. Stevens Wins Reduction of Administrative Discipline

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a senior military officer represented by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) won a reduction in the administrative disciplinary action the client was facing. After the investigation into claims made against the client was closed, the client was served with administrative disciplinary action that could have, effectively, ended the client’s career progression and possibly impacted the client’s future retirement. The defense submitted a lengthy rebuttal package that resulted in the disciplinary action being reduced to a level that would not impact the client’s career progression or future retirement.

For more information on the military justice system, please see our other blog posts. 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

Civilian Court-Martial Lawyers: Military Officer Represented by Attorney Richard V. Stevens Wins BCMR Appeal

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer represented by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) won an appeal before the client’s service branch Board of Corrections for Military Records (BCMR). The appeal requested removal of all documents associated with a disputed administrative disciplinary action, as well as a request for a Special Selection Board (SSB) to consider a promotion previously lost due to the disputed disciplinary action.

After submission of the BCMR appeal, the service branch submitted an advisory opinion advocating to reject the appeal. However, the defense then submitted a rebuttal to the advisory opinion that resulted in the BCMR appeal being granted in favor of the client. All negative documents associated with the disputed disciplinary action were removed from the client’s personnel records, and the client was awarded a SSB to consider promoting the client based on the new, clean military record.

Due to the nature of adverse administrative actions in the military, no further details about this case can be released. While this BCMR appeal was successful, it is important to understand that every case has different facts, and success in some previous case(s) does not guarantee success in any particular future case. No military lawyer or civilian defense lawyer, including those who specialize in military law, can guarantee the outcome of any military case. For more information on other successful BCMR appeals, please see:

http://militaryadvocate.blogspot.com/2009/02/successful-bcmr-appeal-for-military.html

http://militaryadvocate.blogspot.com/2009/08/former-military-officer-represented-by.html

http://militaryadvocate.blogspot.com/2011/10/civilian-court-martial-lawyers-client.html

For more information on the military justice system, please see our other blog posts. 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

Friday, June 15, 2012

Happy Flag Day!

Thursday, June 14, 2012

Series of Articles about Serious Problems at DoD Forensic Crime Lab - USACIL

If a military member is accused of a military crime that involves forensic evidence and testing, that evidence will likely be tested at the US Army Criminal Investigation Laboratory (USACIL). This DoD forensic lab handles cases from all service branches and analyzes evidence such as:

- Blood

- Urine

- Other biological fluids

- DNA and serology examinations

- Drug chemistry

- Trace evidence (such as fibers, soil, material exchanges)

- Latent print analysis (including fingerprints)

- Forensic document examination (handwriting comparisons)

- Digital evidence (computers, mobile phones, electronic storage devices)

- Firearms, ballistics and toolmarks

Television shows and movies often depict forensic labs as infallible and unassailable. However, here are some, in a series of, articles by Marisa Taylor and McClatchy DC media (http://www.mcclatchydc.com/military-injustice/) regarding serious problems at USACIL that deeply impact the military justice system and the credibility of the forensic analyses and conclusions produced by the DoD lab:

http://www.mcclatchydc.com/2012/03/19/142444/army-threatens-to-fire-whistleblower.html

http://www.mcclatchydc.com/2012/02/03/137846/army-probes-crime-lab-workers.html

http://www.mcclatchydc.com/2011/12/29/134411/were-army-crime-lab-problems-withheld.html

http://www.mcclatchydc.com/2011/10/24/128145/missing-evidence-is-among-military.html

http://www.mcclatchydc.com/2011/06/30/116815/grassley-seeks-investigation-of.html

http://www.mcclatchydc.com/2011/06/26/116410/beyond-missteps-military-crime.html

http://www.mcclatchydc.com/2011/03/20/110551/army-slow-to-act-as-crime-lab.html

http://www.mcclatchydc.com/2011/03/20/110549/discredited-army-analyst-built.html

http://www.mcclatchydc.com/2011/03/20/110548/crime-lab-workers-errors-cast.html

For more information on the military criminal and disciplinary cases we handle, and the military justice system, please see our past blog posts and website.

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, CO and Southern New Jersey, but the military defense representation is worldwide – the attorneys travel to wherever the client is stationed.

Sunday, June 10, 2012

American U-2 Pilot Francis Gary Powers to be Posthumously Awarded Silver Star

In May 1960, American U-2 pilot Francis Gary Powers was shot down over the Soviet Union. He was captured, spent 21 months in a Soviet prison, and endured 61 days of harsh KGB interrogation. He is now set to be posthumously awarded the Silver Star. The Silver Star is the third highest combat military decoration, awarded for valor in the face of the enemy. Here is the CNN story:
http://www.cnn.com/2012/06/09/us/silver-star-award/index.html

Thursday, June 07, 2012

A Series of FoxNews Articles about the Use of Military and Intelligence Gathering Drones

Recent FoxNews Articles by Judge Andrew P. Napolitano:

http://www.foxnews.com/opinion/2012/06/07/where-is-outrage/

http://www.foxnews.com/opinion/2012/05/31/president-obama-secret-kill-list/

http://www.foxnews.com/opinion/2012/05/17/is-there-drone-in-your-backyard/

http://www.foxnews.com/opinion/2012/05/03/president-private-war/

Tuesday, June 05, 2012

Military Defense Lawyers at Guantanamo Bay Respond to Order Violating Attorney-Client Privilege

Joint Task Force orders at Guantanamo Bay, Cuba require inspection of all written attorney-client mail. Military defense counsel respond with strenuous objections, contrary legal opinions, and support from various defense organizations, including the National Association of Criminal Defense Lawyers (NACDL).

Story:
http://www.washingtonpost.com/world/national-security/guantanamo-bay-lawyers-to-halt-written-communication/2012/01/11/gIQAW23yrP_story.html

NACDL Ethics Opinion:
http://www.nacdl.org/ResourceCenter.aspx?id=6477

Most Recent al-Qaeda #2 Killed by U.S. Drone Strike

Abu Yahya Al-Libi, who took over as al-Qaeda's #2 after Osama Bin Laden's death reshuffled the top ranks of the terrorist organization, has himself been killed by a U.S. drone strike. FoxNews story:
http://www.foxnews.com/world/2012/06/05/drone-strike-kills-no-2-al-qaeda-leader-in-pakistan/