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Grubaugh Law, Law Blog

The Orders Project

I’m proud to be a part of The Orders Project. It’s a non-partisan group of military justice experts offering free consultations to military personnel worried they may be receiving an unlawful order. As this Washington Post article lays ou… Read More
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Categories: Military Justice

The Court of Appeals for Veterans Claims and the Equal Access to Justice Act

On August 18, 2020, the Court of Appeals for Veterans Claims (CAVC) decided Lacey v. Wilkie, 2020 U.S. App. Vet. Claims LEXIS 1565, finding the Government’s litigation position in Lacey v. Wilkie, 32 Vet. App. 71 (2019), unreasonable. In the first… Read More
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Will this Straw Finally Break the Government's Back in Bergdahl?

In addition to the reply to the Government’s response to his reconsideration motion, Sergeant Bergdahl filed a motion to supplement the record in his case today. Sergeant Bergdahl is seeking to add evidence the trial judge, Judge Nance, made mi… Read More
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Categories: Uncategorized

Attention to Detail Matters in Latest CAVC Case

The Court of Appeals for Veterans Claims (CAVC) issued its opinion in Wolfe v. Wilkie, No. 17-0519 on August 31, 2020. CAVC’s decision is a reminder that attorneys must sweat the details, even during the VA adjudication process, which is ostensibly… Read More
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CAAF Made UCI Sergeant Bergdahl's Burden to Overcome, not the Government's

Last year, Sergeant Bergdahl’s appellate counsel asked me to assist two experts in civil-military relations in submitting an amici curiae brief to the Court of Appeals for the Armed Forces. Unfortunately, CAAF rejected the submission from Professor… Read More
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Categories: Military Justice

The Court of Appeals for the Armed Forces Rules Against Sergeant Bergdahl

The Court of Appeals for the Armed Forces issued its decision in Sergeant Bowe Bergdahl’s case last week. CAAF found by a 3-2 vote President Trump’s and Senator McCain’s comments did not place an intolerable strain on the military justice syste… Read More
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Categories: Military Justice

Connecticut Lawyer Magazine: Should Connecticut Have a Veteran Treatment Court?

So this is an article I wrote for the Connecticut Lawyer, the magazine for Connecticut’s Bar Association. The article is about Veteran Treatment Courts (VTCs). VTCs are diversionary courts, much like drug treatment courts, but to use a VTC an indiv… Read More
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Mens Rea and the Military

“Mens rea” is a legal term that, in essence, means the state of mind you had to have in order to be guilty of a crime (or other legal charge). My criminal law professor introduced us to the concept by asking us if it was criminal to hit s… Read More
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Categories: Military Justice

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