Loss of Evidence in a Criminal Case – Any Relief?

Whether it is a State, Federal, or Military criminal prosecution, the loss of evidence or the failure to preserve favorable evidence can undermine a criminal defendant’s ability to successfully mount a defense.  The police/investigators are the first persons investigating a crime.  They do this, normally, before anyone has been charged and hopefully soon after the […]

Administrative Separation Board – Positive urinalysis for prescription drug defense

The military drug testing laboratories first screen each urine sample using a presumptive immunoassay screening test.  Those samples that test negative for the 9 substances (possibly 10 if a synthetic cannabinoids screening is completed) are discarded and negative results are reported.  Those samples that test positive during the immunoassay screening are retained and tested for […]

DoD Contractor Security Clearance Appeal

1 Korody Law routinely receives calls asking for assistance to appeal a DoD ISCR security clearance denial after a judge has denied the clearance. Because of the legal standard for a DoD security clearance appeal, an applicant normally has an uphill battle to win an appeal. THE BEST OPPORTUNITY TO OBTAIN A FAVORABLE SECURITY CLEARANCE […]

Florida Military Retirement Division in Divorce Expert

Florida law provides that any portion of a military retirement earned during the course of a marriage is subject to equitable distribution.  That means that even where parties are married for one month, a servicemember may have to give the former spouse a share of a future military retirement. Federal law provides the ceiling for […]

Navy Board of Inquiry (BOI) and Retirement Grade Determination (RGD)

BOIs and Retirement Grade Determinations A reduced paygrade for retirement will reduce your retired pay. 1 Can a retirement eligible officer just retire?If a retirement eligible officer is detached for cause or the subject of a report of misconduct (normally following NJP/Article 15, a civilian conviction, or court-martial), the officer cannot simply submit a retirement […]

CODIS DNA REMOVAL – SUCCESS STORY

Now the government has your DNA profile Forever, and you were never convicted of anything. 1 The United States Supreme Court has said taking DNA is lawful.In Maryland v. King, 569 U.S. 435 (2013), the United States Supreme Court decided that “when officers make an arrest supported by probable cause to hold for a serious […]

Case Study – Coca (Leaf) Ultra Energy

Coca is known throughout the world for its psychoactive alkaloid, cocaine. The alkaloid content of coca leaves is relatively low, between 0.25% and 0.77%. The native people use coca leaves for a stimulant, like coffee, or an energy source or both. Coca-Cola used coca leaf extract in its products from 1885 and until about 1903.  […]

Sources of Military Law

Unfortunately, actually nailing down military law can be difficult.  There are many sources of military law.  They are, generally, the Uniform Code of Military Justice (UCMJ), the Rules for Courts-Martial (RCM), the Manual For Courts-Martial (MCM), the Military Rules of Evidence (MRE), regulations issued by military departments and commanders, and, finally, case law established by […]

Another Adverse Privileging Action Win!

10 U.S. Code Section 1102 provides: Medical quality assurance records created by or for the Department of Defense as part of a medical quality assurance program are confidential and privileged.  Because of that, I can’t share many details of my military medical provider adverse privileging action wins; however, I have now won cases in all […]

Court-martial verdict voting – the best process.

In courtrooms across the United States – both state and federal – juries are told to go into jury deliberations room and reach a verdict.  The jury enters the deliberation room and re-appears some time later with a verdict on the charges.  The procedure employed to reach that verdict, however, varies from jury to jury, […]