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CAAF's Textual Interpretation of the Good-Faith Doctrine was Short-Lived.

When the Court of Appeals for the Armed Forces (CAAF) decided U.S. v. Hoffman in 2015, it signaled a potential shift in the application of the good-faith doctrine. In Hoffman, base authorities arrested Appellant, suspecting him of driving around post… Read More
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Categories: Military Justice

United States v. White, and the Good-Faith Exception

The Court of Appeals for the Armed Forces (CAAF), decided U.S. v. White, on November 9, 2020. In White, the military judge suppressed evidence of child pornography, finding no probable cause. The military judge also found the good-faith exception did… Read More
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Categories: Military Justice

Kent State and Following Orders

In various forums, there’s been debate about the suitability of the Orders Project. CAAFlog shared a post from retired Major General Charles Dunlap, the former deputy judge advocate general of the Air Force, where he argued the project was unne… Read More
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Categories: Military Justice

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

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

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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