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Military Lawyers

All answers, screen 31

  1. Can trial counsel be disqualified for direct communication with an accused outside presence of defense?
  2. Can time-barred offenses be revived through administrative action if court-martial jurisdiction is lost?
  3. Can third-party witnesses report alleged Article 120 violations without the accuser’s cooperation?
  4. Can the use of AI-generated evidence be contested during court-martial proceedings?
  5. Can the solicitation of acts later proven to be impossible still be charged under Article 82?
  6. Can the same Article 120 allegation trigger both military and civil protective orders?
  7. Can the refusal to submit to a command-directed mental evaluation be used as evidence of misconduct?
  8. Can the PHO recommend a different forum such as NJP instead of court-martial?
  9. Can the PHO make factual findings or only legal ones?
  10. Can the military prosecute speech-related misconduct without implicating First Amendment protections?
  11. Can the hearing be reopened if new evidence emerges before referral?
  12. Can the government use rebuttal witnesses not disclosed in pretrial discovery?
  13. Can the government use expert testimony on trauma behavior in an Article 120 prosecution?
  14. Can the government introduce hearsay at an Article 32 hearing?
  15. Can the government charge a military member for failure to report a civilian arrest?
  16. Can the government call a character witness who has no direct knowledge of the accused’s military service?
  17. Can the failure to advise rights under Article 31 invalidate a search consent?
  18. Can the defense use prior false allegations by the accuser in an Article 120 trial?
  19. Can the defense submit written arguments to the PHO?
  20. Can the defense request Article 31 advisement records during discovery?
  21. Can the defense request access to investigative files before the hearing?
  22. Can the defense raise procedural violations during the Article 32 process?
  23. Can the defense present witnesses during an Article 32 hearing?
  24. Can the chain of custody of a recorded statement affect an Article 31 analysis?
  25. Can the accused request video surveillance from off-base establishments as part of defense discovery?