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DANIEL CONWAY | MILITARY ATTORNEY
Wheeler Factors
Among the matters you should consider are: [appropriate selections may be made from the following list] 
​
1. The accused's age. 

2. The accused's good military character as evidenced by Defense Exhibit(s) _____ and the testimony of _______. 

3. The accused's record in the service for good conduct.
 
4. The prior honorable discharge(s) of the accused. 

5. The combat record of the accused. 

6. The duration of the accused's pretrial restriction from ___ through ____. 

7. The duration of the accused's pretrial confinement from ___ through ____. The law does not require that you use any specific formula in considering such pretrial confinement, but it does require that you consider such pretrial confinement and give it the weight you deem appropriate. 

8. The accused's education which includes _________. 

9. That the accused is a graduate of the following schools: ___. 

10. That the accused's enlisted evaluations indicate: ___. 
11. That the accused is entitled to wear the following medals and awards: 

12. The nature of the offense(s) of which the accused has been convicted. 

13. Prosecution Exhibit(s) ____; Defense Exhibit(s) ____; and the testimony of the witnesses, including character witnesses heard before findings. 

14. The accused's (testimony prior to findings being entered and) (his) (testimony) (unsworn statement) (and expression of his desire to remain in the naval service) (made during the sentencing portion of trial). 

Myers, Conway Military Law
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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