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William E. Cassara- Military Law Attorney

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Court of Appeals for the Armed Forces Limits the Use of Prior Statements at Trial

By William Cassara | July 14, 2020

Military rules of evidence generally do not allow hearsay statements to be admitted at trial. Hearsay statements are statements made outside of court that are offered as proof of the substance of that statement. There are several exceptions to the hearsay rule, such as statements included in regular business records. […]

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Navy-Marine Corps Court of Criminal Appeals Finds That Government Did Not Prove Sexual Assault Offenses Beyond a Reasonable Doubt

By William Cassara | June 25, 2020

In 2018, the Marine Corps tried Cpl Lewis on several sexual assault charges. The panel convicted him of attempted sexual assault, abusive sexual contact, and sexual assault. The Government charged that these offenses occurred when the alleged victim, Cpl Alpha, was incapable of consenting due to impairment by alcohol. The […]

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Article 15

Army Court of Criminal Appeals Affirms Trial Judge’s Decision Excluding Hearsay Statements Made By Alleged Victim and Son

By William Cassara | June 15, 2020

The Army Court of Criminal Appeals (ACCA) recently decided the case of United States v. Henry. The case concerns the Government’s appeal of a military judge’s decision not to allow certain statements made by the alleged victim and her son at trial. Hearsay Rules of evidence generally do not allow […]

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