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New Air Force Policy on the use of CBDs (cannabinoids)
New Air Force Policy on the use of CBDs (cannabinoids)

Last week the Air Force published a new policy regarding the use of CBD products . The policy was in the wake of US v. Pugh . The Pugh case dealt with AFI 90-507 (Drug Demand Reduction Program) . That regulation contains a prohibition on using hemp products. The thought ...

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Blog Posts By Category

    • New navy legal guidelines for processing disability and misconduct cases

      On 8 June, our firm reported that the Secretary of the Navy was issuing new guidelines for processing cases involving medical evaluation boards and ...

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    • Independent Testing of Drug Samples in the Military

      Contrary to popular belief, drug testing labs are not always perfect. Every now and again we receive phone calls from military members who simply have ...

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    • The importance of seeking counsel prior to accepting nonjudicial punishment

      A recent article in the Navy Times provides an important reminder of how important it is to seek counsel before accepting or refusing nonjudicial ...

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    • Mr. Pristera argues us v. Cook at the air force court of criminal appeals - ineffective assistance of counsel and new trials at issue

      On November 17, 2016, Mr. Pristera argued the case of United States v. Cook on appeal at the United States Air Force Court of Criminal Appeals. The ...

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    • Fight over the Definition of Reasonable Doubt in the Air Force Headed to the Military's Highest Court

      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 ...

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    • New Air Force Policy on the use of CBDs (cannabinoids)

      Last week the Air Force published a new policy regarding the use of CBD products . The policy was in the wake of US v. Pugh . The Pugh case dealt with ...

      View More
    • 2019 court-martial punishment chart

      We receive a number of inquiries every month about maximum punishments under the Manual for Courts-Martial. Here is the maximum punishment chart for ...

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    • 2019 Court-Martial Changes - Military Court-Martial Lawyers

      NEW 2019 MANUAL FOR COURTS-MARTIAL PDF Presidential Order Part I, Preamble Part II, Rules for Courts-Martial Part III, Military Rules of Evidence Part ...

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    • Appearing Before the Army Clemency and Parole Board

      Appearing before the Army Clemency and Parole Board in Washington DC can be a stressful event. By the time of the hearing, families are often ...

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    • 2019 court-martial punishment chart

      We receive a number of inquiries every month about maximum punishments under the Manual for Courts-Martial. Here is the maximum punishment chart for ...

      View More
    • 2019 Court-Martial Changes - Military Court-Martial Lawyers

      NEW 2019 MANUAL FOR COURTS-MARTIAL PDF Presidential Order Part I, Preamble Part II, Rules for Courts-Martial Part III, Military Rules of Evidence Part ...

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    • 2019 Amendments to the Manual for Courts-Martial

      New 2019 Manual for Courts-Martial PDF Presidential Order For those interested, here are some Army training materials on the new amendments to the ...

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    • Article 32 Investigation Waivers - When Does It Make Sense

      One purpose of this blog is to comment on trends in military justice. One of the trends I've seen lately is military defense counsel advising clients ...

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    • 2019 Court-Martial Changes - Military Court-Martial Lawyers

      NEW 2019 MANUAL FOR COURTS-MARTIAL PDF Presidential Order Part I, Preamble Part II, Rules for Courts-Martial Part III, Military Rules of Evidence Part ...

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    • What are the wheeler factors

      Among the matters you should consider are: [appropriate selections may be made from the following list] The accused's age. The accused's good military ...

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    • Detecting Lies and Deceit in the Military - Part II

      In Part I of this blog series, I posted some data from the Department of Justice on false allegations. In Part II, I'll discuss the literature on ...

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    • US V. CPL Lindsey Scott

      In 1983, a woman was attacked near the Quantico Marine Base in Virginia. The victim's description of her assailant prompted the military officers to ...

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    • Military speedy trial rights

      Under the US Constitution, an accused enjoys the right to a speedy trial. US v. Danylo, 73 M.J. 183 (C.A.A.F. 2013). A service members 6th Amendment ...

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    • Release from pretrial confinement

      Under R.C.M. 906 (b)(8), the defense may move the court for relief from pretrial confinement in violation of R.C.M. 305. The defense, as the moving ...

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    • Does the military test for CBD

      CBD oil, or cannabidiol , is a derivative of industrial hemp and contains little to no THC (tetrahydrocannabinol). THC is the substance that military ...

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    • What are my article 31, UCMJ rights?

      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. ...

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    • Fight over the Definition of Reasonable Doubt in the Air Force Headed to the Military's Highest Court

      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 ...

      View More
    • US V. CPL Lindsey Scott

      In 1983, a woman was attacked near the Quantico Marine Base in Virginia. The victim's description of her assailant prompted the military officers to ...

      View More
    • Right to expert witnesses in a court-martial

      Expert witnesses can be a critical part of any court-martial. Service members have a right to confidential experts. See United States v. Turner , 28 ...

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    • Court of Appeals for the Armed Forces Reverses Precedent Holding That Retired Sailors and Marines Can Receive a Punitive Discharge at a Court-Martial

      On 19 June 2018, in US v. Dinger, the Court of Appeals for the Armed Forces set aside some previous precedent suggesting that retired members could ...

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    • Latest intel from the army discharge review board

      We always aim to provide feedback on the discharge review boards after a personal appearance. The composition of the board changes regularly and ...

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    • Marijuana, the military, innocent ingestion, and the pot brownie defense

      In recent months, this firm has seen an uptick in the number of marijuana cases in the military. Marijuana is increasingly available as states across ...

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    • New navy legal guidelines for processing disability and misconduct cases

      On 8 June, our firm reported that the Secretary of the Navy was issuing new guidelines for processing cases involving medical evaluation boards and ...

      View More
    • Does the military test for CBD

      CBD oil, or cannabidiol , is a derivative of industrial hemp and contains little to no THC (tetrahydrocannabinol). THC is the substance that military ...

      View More
    • Performance enhancing drugs

      Over the last 10 years, the firm has seen an increasing number of cases involving performance-enhancing drugs, steroids, and banned pro-hormones. The ...

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    • Army and marine corps pause drug courts-martial and separation boards because of potential errors at drug lab

      Yesterday we reported that an experiment at the military drug labs showed that leakage during the shipping process could potentially cross-contaminate ...

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    • Does the military test for CBD

      CBD oil, or cannabidiol , is a derivative of industrial hemp and contains little to no THC (tetrahydrocannabinol). THC is the substance that military ...

      View More
    • Current army board for correction of military records response times

      The backlog at the Army Board for Correction of Military Records has been an ongoing problem for some time. In the past, the ABCMR has cautioned that ...

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    • Berghdal Files Motion to Disqualify the Convening Authority

      If you're going to shoot at the king, you'd better make sure you kill him. This week, attorneys for Sgt Bowe Berghdal will argue a motion to ...

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    • Military spousal privilege

      We occasionally receive questions about whether communications between a husband and wife are admissible in a court-martial. The basic rule is in ...

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    • Jury nullification and military courts - it's basically don't ask, don't tell

      I've spent the last week trying a major sexual assault case at Fort Bragg. An army master sergeant was accused of raping his adult biological ...

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    • Fight over the Definition of Reasonable Doubt in the Air Force Headed to the Military's Highest Court

      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 ...

      View More
    • The definition of incapacitation under article 120 - us v. Newlan

      Over the last few years, Article 120 and the law of sexual assault in the military has undergone seemingly never-ending revisions. ​ One of the ...

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    • 2019 court-martial punishment chart

      We receive a number of inquiries every month about maximum punishments under the Manual for Courts-Martial. Here is the maximum punishment chart for ...

      View More
    • 2019 Court-Martial Changes - Military Court-Martial Lawyers

      NEW 2019 MANUAL FOR COURTS-MARTIAL PDF Presidential Order Part I, Preamble Part II, Rules for Courts-Martial Part III, Military Rules of Evidence Part ...

      View More
    • Experiment Showing Potential for Error at the Military Drug Labs

      Yesterday we received a Brady notice regarding the military drug labs. Brady, of course, is a landmark Supreme Court case holding that in a criminal ...

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    • Air Force Military Training Instructor: Sexual Assault Conviction at Lackland AFB Set Aside by Appellate Court - Us v. Hills and Us v. Silva

      Attorney Daniel Conway is a partner in the firm. He has published a Handbook of Military Crimes and Offenses. He has also been featured by nearly ...

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    • Air force military training instructor sexual assault conviction at lackland afb set aside by appellate court - us v. Hills and us v. Silva

      Attorney Daniel Conway is a partner in the firm. He has published a Handbook of Military Crimes and Offenses. He has also been featured by nearly ...

      View More
    • Recent research into false allegations of sexual assault

      There is very little research into false allegations of sexual assault. It is a toxic subject area. In most cases, there is very little evidence to ...

      View More
    • Board for Correction of Naval Records Accepting Online Applications

      The Board for Correction of Naval Records is now updated their webpage to permit online applications. http://www.secnav.navy.mil/mra/bcnr/Pages/Start_ ...

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    • New navy legal guidelines for processing disability and misconduct cases

      On 8 June, our firm reported that the Secretary of the Navy was issuing new guidelines for processing cases involving medical evaluation boards and ...

      View More
    • The importance of seeking counsel prior to accepting nonjudicial punishment

      A recent article in the Navy Times provides an important reminder of how important it is to seek counsel before accepting or refusing nonjudicial ...

      View More
    • 2019 court-martial punishment chart

      We receive a number of inquiries every month about maximum punishments under the Manual for Courts-Martial. Here is the maximum punishment chart for ...

      View More
    • 2019 Court-Martial Changes - Military Court-Martial Lawyers

      NEW 2019 MANUAL FOR COURTS-MARTIAL PDF Presidential Order Part I, Preamble Part II, Rules for Courts-Martial Part III, Military Rules of Evidence Part ...

      View More
    • Experiment Showing Potential for Error at the Military Drug Labs

      Yesterday we received a Brady notice regarding the military drug labs. Brady, of course, is a landmark Supreme Court case holding that in a criminal ...

      View More
    • The definition of incapacitation under article 120 - us v. Newlan

      Over the last few years, Article 120 and the law of sexual assault in the military has undergone seemingly never-ending revisions. ​ One of the ...

      View More
    • Maywand District killings

      The Maywand District killings involved the deaths of at least 3 Afghan civilians by a group of U.S. Army soldiers in 2010. The soldiers became known ...

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    • My Lai

      On March 16, 1968, Soldiers were accused of killing hundreds of civilians in My Lai, Vietnam. The Company Commander - Captain Medina - was accused of ...

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    • Abu Ghraib

      In 2003, reports of prisoner abuses at the infamous Abu Ghraib prison were made public. With a presidential election looming in 2004, the politics ...

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    • The importance of seeking counsel prior to accepting nonjudicial punishment

      A recent article in the Navy Times provides an important reminder of how important it is to seek counsel before accepting or refusing nonjudicial ...

      View More
    • SECNAV announces new admin SEP policy for PTSD and TBI

      The Secretary of the Navy has announced a new administrative separation policy for Sailors and Marines with PTSD and TBI. In the past, misconduct ...

      View More
    • ABCMR and ADRB Insights in PTSD Discharge Upgrade Cases

      In every Army discharge review board and Board for Correction of Military Records case, the board writes a decisional document. We recently received a ...

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    • Recent research into false allegations of sexual assault

      There is very little research into false allegations of sexual assault. It is a toxic subject area. In most cases, there is very little evidence to ...

      View More
    • Command Directed Mental Health Evaluations

      Referral to a command directed mental health evaluation can be an extremely unsettling experience. In our experience, it's not unusual for commands to ...

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    • Military law and digital forensic evidence

      Digital forensic evidence is increasingly becoming a part of the military criminal defense. The use of digital evidence is now present in nearly every ...

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    • Supreme court addresses cell phone records in carpenter v. United states

      On 22 June 2018, the United States Supreme Court issued their ruling in the Carpenter case. The case could have some application for military ...

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    • Revoking a consent to search in the military

      We occasionally get asked whether military members can revoke a consent to search. The answer is yes. The sooner you revoke the consent to search the ...

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    • Mr. Pristera wins security clearance case involving financial considerations

      This week we learned that Mr. Pristera successfully represented an Air Force NCO facing suspension of her security clearance for financial ...

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    • Army Reserve and National Guard Suspended Separations and Probationary Periods

      The Army Reserve and National Guard "Enlisted Administrative Separations" regulation has an important feature that is important to remember in ...

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  • TBI
    • SECNAV announces new admin SEP policy for PTSD and TBI

      The Secretary of the Navy has announced a new administrative separation policy for Sailors and Marines with PTSD and TBI. In the past, misconduct ...

      View More