Litigator Libations
The Air Force DCAP providing updates and tips on defensive litigation in military justice including discussing recent appellate decisions and advocacy tips.
Podcasting since 2021 • 71 episodes
Litigator Libations
Latest Episodes
71 - United States v. Strong and Undue Influence
In today's episode we discuss the CAAF decision in United States v. Strong, where CAAF creates a new definition of "seize" applicable only to electronic data for the offense of Prevention of Authorized Seizure of Property, Article...
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Season 4
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Episode 71
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27:41
70 - H.V.Z v. United States and Lt Col Ghiotto on Hearsay
In this, the last episode of Season 3, we discuss HVZ v. U.S., where CAAF found that MRE 513(e) gives patient's standing to the extent that they have a right to be heard on a defense motion to compel their mental health records regardless of wh...
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Season 3
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Episode 70
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42:49
69 - United States v. Grijalva (Preemption Doctrine & First Amendment Issues)
In this week's episode we discuss United States v. Grijalva. In this case the government had an Article 117a (wrongful distribution of intimate visual images) offense but didn't think it could prove a direct and palpable connection to a m...
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Season 3
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Episode 69
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33:43
68 - Diaz v. United States and R.C.M. 913(c) (Viewings and Inspections)
In today's episode we hear from Lt Col Tony Ghiotto (a.k.a Professor Ghiotto) on the recent Supreme Court Case of Diaz v. United States, which speaks to how close an expert may come to providing an opinion on a ultimate issue (such as whether t...
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Season 3
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Episode 68
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43:58
67 - US v Keago, US v Metz, Smith v Arizona, and US v. Rahimi
It is Case-A-Palooza! In this episode we discuss two CAAF cases and then quickly touch on two SCOTUS cases. United States v. Keago is a CAAF opinion holding that a military judge abused her discretion by failing to grant two defense...
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Season 3
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Episode 67
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41:08