Recent content by badapple40

What is the name of your state (only U.S. law)? This case is filed in Kentucky and involves Kentucky and federal law. I am handling a Plaintiff's case involving an odometer rollback by the dealer and his mechanic. Wondered if anyone had any good expert witnesses to turn me onto in the...

CAAF released an opinion today dealing with Coram Nobis and discussing a great many issues that may have some bearing on your situation. You may want to take a read. http://www.armfor.uscourts.gov/opinions/2008Term/07-8012.pdfWhat is the name of your state?

I'm off to somewhere warm and sunny (getting activated + deployed). See you all in 3 mos. to a year. Behave while I'm gone! --BA, COL, JA, USAFR

Given the repeated unsubstantiated and flatly incorrect claims of rrpearso that an employer cannot consider "other than honorable" discharges in denying employment, I decided to research the issue. State v. Heard, 917 So. 2d 658 (appropriate to exclude member of jury for OTH discharge from...

What is the name of your state? Ohio Your badapple got himself a ticket by the Ohio State Patrol, interstate. Written plea of not guilty, no waiver of speedy trial, so the trial date is fast approaching (they have 30 days to bring to trial in Ohio). The officer in question got me via a laser...

As people have suggested that AWOL cases are given OTH discharges and "that is it," I thought I'd pass along a case that came out from CAAF today involving AWOL: One count of AWOL (so only AWOL was charged) The adjudged and approved sentence included a bad-conduct discharge, confinement for...

The U.S. Supreme Court issued the decision in Hamdan v. Rumsfeld today. http://www.supremecourtus.gov/opinions/05pdf/05-184.pdf For those that are interested, they held that military tribunals, as currently constituted, are improper. They suggested that the President convene court-martials...

Yesterday, the U.S. Supreme Court ruled that institutions of higher education must let recruiters on college campuses, with the same access to students as other recruiters, or forgo federal funding. The Congressional amendment that made this possible is known as the Solomon Amendment. A group...

As a former appellate defense counsel (and current SJA -- albeit in a reserve capacity), I tend to keep abreast on the latest decisions out of the military courts. The case of U.S. v. Gaston was decided, involving (originally) an AWOL terminated by apprehension and missing movement...

Just wanted to say that this is my 1000th post. Thank you. Command post, out.

The quote is not nearly as interesting as who said it and where it was said.

Has anyone used prepaid legal services? If so, any good stories/bad stories? www.prepaidlegal.com In the interest of full disclosure, I sit on the board governing the unauthorized practice of law in Ohio, and, without revealing any more, there is some thought that their service may be illegal...

What is the name of your state? Judge/IIAL: I wanted your opinion on a matter. The law firm I work for obtained summary judgment for a client in a sort of trivial amount (plaintiff's case), within the local court (around 10k). It was supported properly with affidavits and was entered in...

What is the name of your state? Had a case go through where I basically got default judgment against the Defendants (couple of bad actors), but moved for summary judgment with all kinds of affidavits and evidence rather than default (thinking it would be harder to set it aside if these dudes...

I've researched this matter, and for the life of me, can't find any case law on the issue. A friend of mine from law school called me this morning. He is representing a company in Virginia, and one of its employees, who were sued on theories of invasion of privacy and libel. The company sued...