
Litigator Libations
The Air Force DCAP providing updates and tips on defensive litigation in military justice including discussing recent appellate decisions and advocacy tips.
Litigator Libations
80 - United States v. Shelby; Firearm Prohibitions; and Meaningful Mitigation
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Darrel-the-DCAP
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Season 4
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Episode 80
In this episode we discuss the CAAF case of United States v. Shelby, which was an Article 62 appeal of the military judge dismissing an abusive sexual contact charge with prejudice. The CAAF held that the military judge abused his discretion by applying the cumulative error doctrine at the trial level. We then pass on a hot take from Captain Riley Vann, who educated me on the Boyfriend Loophole to firearm prohibitions upon conviction of a misdemeanor crime of domestic violence. Finally, we once again here from Lt Col Mouakar who provides an excellent discussion on the importance of early investigation into mitigation evidence, how to conduct that investigation, and how to use the information gained.