Litigator Libations
Updates and tips on defensive litigation in military justice including discussing recent appellate decisions and providing advocacy tips.
Litigator Libations
72 - United States v. Mendoza and Member Instructions
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Today we discuss the recent and significant case of United States v. Mendoza, where CAAF holds that evidence that a named victim lacked the capacity to consent due to impairment by drugs or alcohol, will not support a conviction for sexual assault without consent under Article 120(b)(2)(A). This case will have a big impact on how sexual assault cases are charged and litigated going forward. We also hear from Major Ciara Ryan on member instructions -- she provides great thoughts on being creative to ensure your client gets the instructions most favorable to the defense.