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The charge sheet ICO United States v. Hamilton

November 7, 2009 | The Law Office of Philip D. Cave

Here is a copy of the preferred charges in subject case, courtesy of CGBlog. Posts about this case UP: Coastie O-5 in serious trouble

Fourth Amendment happenings

August 18, 2019 | The Law Office of Philip D. Cave

A couple of interesting items from John Wesley Hall’s excellent Fourth Amendment blog. Without something to go on, the court declines to ascribe a supposed error in an address as a mere typo. Moreover, the affidavit fails to provide any nexus to defendant and the place to be searched, and the good faith exception is […]

A reminder on when to raise UCI

August 2, 2018 | The Law Office of Philip D. Cave

Seems to me that the best practice is to raise any possible UCI claims prior to trial on the merits–depending on when you learn of the alleged UCI. The general rule is the defense does not waive UCI by failing to raise it at trial. Id. at 193. This rule, however, is not absolute. The […]

Victim impact input prior to sentencing

December 25, 2017 | The Law Office of Philip D. Cave

The Air Force Court of Criminal Appeals (AFCCA) has issued an interesting en banc (5-3) opinion in United States v. Hamilton, 76 M.J. ___ (A. F. Ct. Crim. App. 2017), about victim impact evidence or statements. The accused pleaded guilty to the possession and distribution of child pornography. On sentencing, as we often see in […]

Prosecution misconduct

June 2, 2015 | The Law Office of Philip D. Cave

We often hear of prosecution misconduct going unchallenged or undisciplined. Two events this week are noteworthy though in efforts to hold prosecutors accountable. Armstrong v. Daily, et. al., is a case out of the Seventh. The M-W Journal Sentinal extracts this: He brought a civil rights suit against the prosecutor on his case, John Norsetter, […]

Worth the read

September 20, 2014 | The Law Office of Philip D. Cave

Here are a couple of articles worth the read if you have some time this weekend. The Reliability of Assault Victims’ Immediate Accounts: Evidence from Trauma Studies, Melissa Hamilton, University of Houston Law Center, September 7, 2014, Stanford Law & Policy Review, Vol. 26, 2015, Forthcoming Ms. Leveritt has recently taken on the responsibility of Director of the […]

Statute of limitations

April 20, 2014 | The Law Office of Philip D. Cave

Congress continues to tinker, rather than take a complete overview and make rational change to the UCMJ – the politics continue. Meanwhile, we have to deal with the gruel they dish out. So, keep an eye on any changes to the statute of limitations for various sex related offenses. AND, keep an eye on any […]

Confronting experts

July 8, 2012 | The Law Office of Philip D. Cave

Now that the current slew of confrontation cases are decided it’s time to regroup. Let’s start with my former evidence professor, Paul Gianelli (a former Army JA). Confrontation, Experts, and Rule 703 Paul C. Giannelli Case Western Reserve University – School of Law 20 J.L. & Pol’y 443 (2012) Case Legal Studies Research Paper No. […]

Thought for the day, and the future

June 27, 2011 | The Law Office of Philip D. Cave

Several items crossed my .net over the last few days. The topic is not new and will remain with us for some time. Army Times reports: Officials at Joint Base Lewis-McChord believe they’re making progress against the stigma that keeps some soldiers from getting help for mental health issues. More soldiers and military families are […]

Stolen Valor

May 25, 2010 | The Law Office of Philip D. Cave

Marine Corps Times reports: A man who pleaded guilty last year to altering an identification card after he was spotted in the uniform of a three-star Marine general has been charged again with posing as a highly decorated Marine officer. Sixty-seven-year-old Michael Hamilton of Richlands was charged last week with wearing a Marine colonel’s uniform […]