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DANIEL CONWAY | MILITARY ATTORNEY
The question of whether a specification states an offense is a question of law, which this Court reviews de novo. United States v. Crafter, 64 M.J. 209, 212 (C.A.A.F. 2006); United States v. Mayo, 12 M.J. 286 (C.M.A. 1982).  Mr. Conway has successfully argued these issues before the Court of Appeals for the Armed Forces. 

To adequately allege an offense, a specification must (1) notify the accused of the offense charged, (2) contain the elements of the offense either expressly or by fair implication, and (3) together with the record of trial, bar any subsequent prosecution in the event of acquittal or conviction. United States v. Bryant, 30 M.J. 72 (C.M.A. 1990). A specification that does not contain an allegation of fact essential to proof of the offense charged is not “restored to legal life by the government’s production at trial of evidence of the fact.” Mayo, 12 M.J. at 288. Merely completing the blanks in a form specification does not guarantee a legally unassailable charge. United States v. Fleig, 37 C.M.R. 64, 65 (C.M.A. 1966).  A specification that is challenged before trial and to which an accused ultimately pleads not guilty has not been and shall not be viewed liberally. Bryant, 30 M.J. at 73.​​
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The information on this page is informational in nature. Nothing on this or associated pages should be construed as legal advice for a particular case. Likewise, the information on this website does not constitute the creation of an attorney-client relationship. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.
  • Firm History
    • Films
    • My Lai
    • Abu Ghraib
    • Haditha
    • MARSOC
    • The Stryker 5
    • Gary Myers
  • Practice Areas
    • Military Law >
      • Court-martial Information >
        • Know Your Rights
        • Court-Martial Rules >
          • Pretrial Confinement
          • Unlawful Command Influence
          • Article 31 Violation
          • Military Rule of Evidence 412
          • Involuntary Statements
          • Failure to State an Offense
          • Wheeler Factors
      • Court-Martial Defense >
        • Military Sexual Assault Defense
        • Drug Defenses >
          • Marijuana
          • Cocaine
          • Morphine and Heroin
        • Disrespect Offenses
        • Conspiracy Cases
        • False Statements >
          • Obstruction of Justice
        • Use of Force
        • Assault Cases
        • Conduct Unbecoming
      • Court-Martial Appeals >
        • Petitions for a New Trial
        • Insufficient Evidence
    • Correcting Military Records >
      • Evaluation Report Appeals
      • Reprimand Appeals
      • Family Advocacy Program Appeals
      • Discharge Review Boards
      • Cadet Misconduct
      • Titling Actions
      • Military Protective Orders
    • Separation Boards
    • Military Medical Malpractice Claims
    • Forms, Downloads, and Regulations
  • Books
  • Sketches
  • Contact
  • Results