Recent content by breezer

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    Unauthorized delay requested by my lawyer

    My lawyer requested a delay in my case without my authoriziation. This resulted in a four month delay. As a result the speedy trial clock was stopped for a military court martial. According to the UCMJ and applicipal regulations it was not his job or duty to request this delay. He just did...
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    Arrest, Search, Seizure, Warrant Military Computer Illegal Search and Seizure

    Yes, the resignation is a trial tactic. And I did not request an honorable, in fact the resignation request is the most generic it could be following the MCM example almost word for word. I'm not sure how strong the case is, it will depend on all the pretrial arguements. The lawyers feel most...
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    Arrest, Search, Seizure, Warrant Military Computer Illegal Search and Seizure

    Article 32 was completed and the Adultry charges were recommended to be dropped because they could trigger multiplicity charges upon the government, but the Convening Authority referred them anyway. At the A32 the lawyers did not wish to challenge anything and we simply asked a few questions of...
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    Arrest, Search, Seizure, Warrant Illegal Evidance can it still be used?

    It's personal now! The Case Law is U.S. v Payner 447 U.S 727 (1980) Standing: the defendant must be "a victim of the search or seizure"; the defendant's personal right to privacy was violated i. Only those who have standing may assert claims to enforce most constitutional rights ii...
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    Arrest, Search, Seizure, Warrant Illegal Evidance can it still be used?

    Can anyone give me some case law on diriviative evidance from an illegal search that can be used in court. i.e. Illegal search turns up evidance that gives proable cause to search a third party that was implicated in the information found during the illegal search of the primarys property...
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    Criminal Trials, Hearings Due Process Violations?

    Would there be a Due Process violation if the Prosecutor delayed a case intentionally because the evidence they had could not be corroborated because all the witnesses were accomplices and did not wish to testify? Then the prosecution started pressing charges on the witnesses then when that...
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    Arrest, Search, Seizure, Warrant Military Computer Illegal Search and Seizure

    Here is what has been disclosed at discovery. The emails were found on the desk of the supervisor. He has made a statement that they were on his desk when he reported in for work. He took those e-mails and gave them to his commander. His commander called my commander and an investigation...
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    Arrest, Search, Seizure, Warrant Military Computer Illegal Search and Seizure

    I am about to face a court martial based on the evidance found on a computer. Here are the facts. 8 e-mails between an officer and an enlisted member were placed on the desk of the enlisted members supervisor. There is no explination on where the emails were found or how they were recovered...
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