the good wife double jeopardy who is the major military lawyer

by Ewell Bradtke 8 min read

Josh Charles as Will Gardner.Oct 5, 2010

What is double jeopardy in the military?

"The Good Wife" Double Jeopardy (TV Episode 2010) cast and crew credits, including actors, actresses, directors, writers and more. ... Military Major (uncredited) George Sholley ... Politician #1 (uncredited) ... The Good Wife - all 156 episodes a list of 156 titles

Can a service member waive double jeopardy?

 · Double Jeopardy: Directed by Dean Parisot. With Julianna Margulies, Matt Czuchry, Archie Panjabi, Graham Phillips. While a viral video damages Peter's campaign, Cary exploits a legal loophole and force Alicia and Will to defend a murder suspect in military court, and Will and Diane weigh the pros and cons of taking on Lou Dobbs as a client.

Are service members protected by double jeopardy from dual prosecution?

"Double Jeopardy" Dean Parisot: Ted Humphrey: October 5, 2010 () 12.76: Dissatisfied that Alicia wins a not guilty verdict for a young Army Reservist accused of murdering his wife, Cary has …

What is double jeopardy under Article 44 of the UCMJ?

 · The Good Wife is not off to a good start on season two.. The issues that sprung up on last week's return episode were only emphasized even more on "Double Jeopardy," as the …

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Who was the lawyer in The Good Wife?

Julianna Marguiles plays attorney Alicia Florrick in the CBS drama The Good Wife.

Does Alicia Florrick win state's attorney?

Alicia, Diane, Cary, Kalinda and others return to Lockhart & Gardner, now called Florrick, Agos & Lockhart. In Season 6, Alicia also starts running for State's Attorney and develops a friendship with prosecutor Finn Polmar. She is successfully elected but has to step down due to false accusations.

Who were the judges on The Good Wife?

Contents1 Judge Richard Cuesta.2 Judge Charles Abernathy.3 Judge Earl Hovick.4 Judge Hester James.5 Judge Lee Sutman.6 Judge Robert Parks.7 Judge Horace Dunn.8 Judge Megan Lowrey.More items...

Is Alicia Florrick a good lawyer?

Alicia Florrick is a brilliant lawyer whose life took an ugly turn when she realized that her marriage to Peter was built on lies. She was publicly humiliated by him and she discovered that taking time off from her law career to be a wife and mother wasn't really what she wanted.

Does Peter win state's attorney?

After being let out of prison on house arrest, Peter immediately starts plotting his political comeback. He is re-elected State's Attorney, defeating Wendy Scott Carr.

Why did Cary Agos leave The Good Wife?

In Season 7 episode 18 "Unmanned", after having enough with office politics, Cary quits Lockhart, Agos and Lee. We see him again in the season finale working as a guest lecturer at an unnamed college.

Who played the military judge in The Good Wife?

Judge Charles Abernathy (Denis O'Hare) Judge Abernathy presided over a high-profile case involving a gun made from a 3D printer, causing tension between Diane Lockhart and Kurt McVeigh.

Does Eli leave The Good Wife?

“The Good Wife” almost lost another major character in its final season. Alan Cumming — who plays short-tempered campaign manager Eli Gold — revealed this was going to be his final season whether or not it was renewed for next year.

What happens to Blake on The Good Wife?

Where he is now: Blake peaces out once he reveals that Kalinda changed her name, but one assumes that he's gone into hiding in a small town in Texas. He coaches football, because a) he is Jason Street, and b) he's still afraid of baseball bats.

What did Kalinda's note say Alicia?

“My time with you as your friend was the best I ever had and I'm sorry,” Kalinda told Alicia in a rare emotional moment for the normally stoic investigator.

Why does Diane slap Alicia?

Unlike her husband, Alicia is not getting slapped for sleeping with prostitutes. Rather, Diane slaps her because Alicia (during cross-examination at Peter's trial) undermined Diane's husband, making him look unreliable and not credible, in hopes of saving Peter from going to jail.

Why is Alicia Florrick not in The Good Fight?

Alicia has made no appearances on The Good Fight, but has been revealed to have resigned from Florrick & Lockhart within a year after the firm's readjustment.

What is Lockhart Gardner?

Lockhart/Gardner represents a small drilling contractor in a contract dispute against a major oil conglomerate. Things seem straightforward at first, but quickly get out of hand when a South American dictator nationalizes the drilling company and takes over the case. Suddenly, Lockhard/Gardner is forced to cater to the dictator's whims, including taking orders from an aging actor who played a famous lawyer on television. Meanwhile, Peter and Wendi are neck-and-neck in the polls leading up to Election Day. In order to win over the people, Eli tells Alicia that she must enter the fray and show her support for Peter in a televised interview.

Who is Kurt McVeigh?

Kurt McVeigh, the right-wing ballistics expert with whom Diane has an on-again off-again relationship, is on trial for testimony he gave in a murder trial. Pablo Beltran, the accused cop killer in that case, was sent to prison partially on the back of McVeigh's testimony.

Who is Jonathan Murphy's girlfriend?

When drugs are found in the possession of wealthy student Jonathan Murphy and his working class girlfriend Alexis Symanski, Jonathan's father calls in LGB. But the case gets more complex when the drugs are found to have come from a pharmacy where the clerk was murdered. Jonathan and Alexis finger a man in a photo line-up as the guy who sold them the drugs, but it turns out the exercise was a trap: the man's been dead for four years. Jonathan and Alexis have just become the primary suspects in Cary's murder investigation.

Who is Matthew Wade?

LGB takes on the case of Matthew Wade, an alderman who has been indicted for taking campaign contributions in exchange for getting a mosque built on the site of an abandoned housing project. To complicate matters further, the money came from now-deceased bundler Royce Crombie, who allegedly has ties with Islamic extremists. Matthew is being charged with aiding and abetting a terrorist organization.

Who is the girl who ran her Escalade into a pole?

After receiving a critical peer review from new partner Derrick Bond, Alicia is saddled with the DUI case of teen star Sloan Burchfield, who ran her Escalade into a pole after a night of underage drinking. While Alicia is able to convince the judge of Sloan's innocence in this matter, D.A. Cary drops a bombshell before the case is closed: Yasmine Morgan, another club-goer from that night, is accusing her of attempted murder.

Who is the lawyer in LGB?

LGB crosses swords with a brilliant disabled attorney named Louis Canning who is cynically deployed by a desperate pharmaceutical company to battle the claim that their new billion-dollar antidepressant caused the grisly murder-suicide of LGB's client's parents. Caitlin Fenton is the test case. Win and it opens the door for tens of millions of dollars in class action money. Lose and countless other victims will be unable to collect any compensation for the death of their loved ones.

What does a massage therapist claim?

A massage therapist claims that a famous humanitarian and women's rights activist sexually assaulted her. Will gets into a scuffle with the humanitarian's lawyer. In the next few hours, the firm investigates the massage therapist and mulls over her potential case.

Can you demand a court martial?

If you're facing non-judicial punishment, for example, you have the right to demand trial by court-martial in lieu of non-judicial punishment. This may be a better option if you think you’ll face trial by court-martial anyway and want to avoid facing both administrative and judicial punishment.

Can a service member waive double jeopardy?

A service member can, even inadvertently, waive his or her double jeopardy protections. An example of this would be the failure to file a timely motion to dismiss criminal charges barred by double jeopardy.

What happens when a court martial is terminated?

If a court-martial proceeding is terminated for lack of jurisdiction, the underlying charges can be brought again once the jurisdictional defect is corrected. An example of a jurisdictional defect would be if the charges were referred to a court-martial by someone who lacks the authority to do so. Waiver.

Can a service member be subject to a court martial?

So, a service member that is subject to non-judicial punishment ( such as forfeiture of pay) can also subsequently face a court-martial for the same incident. However, even though double jeopardy does not apply, there are other protections for service members in that situation.

Does double jeopardy apply to judicial proceedings?

While it's important to know when double jeopardy applies, it's even more important for service members to know when it does not. Double jeopardy only app lies to judicial criminal proceedings and, therefore, would not apply to adverse administrative actions, such as non-judicial punishments under Article 15 of the UCMJ.

When does UCMJ apply?

Under the UCMJ, these protections apply as soon as evidence is introduced in a court-martial against a service member, as opposed to civilian courts where it applies when a jury is empanelled and sworn.

Why is double jeopardy important?

Because there are important exceptions in the military, it's important for you to know your rights and whether you risk waiving any protections that do apply.

What is double jeopardy in the military?

Unfortunately, it provides much less protection for those accused of misconduct than most think. The basic principle of the double jeopardy clause is that no one can be punished twice for the same misconduct.

What is the principle of double jeopardy?

The basic principle of the double jeopardy clause is that no one can be punished twice for the same misconduct. It is found in the United States constitution. Applying double jeopardy to the military is complicated. The military has many administrative tools at their disposal that are not considered punishment under double jeopardy analysis.

What to do if you are accused of misconduct in the military?

Any Servicemember accused of misconduct should immediately consult with an experienced military lawyer when suspected of any misconduct. While the double jeopardy clause may not be helpful, a good military lawyer can leverage previous “punishment” to prevent other action from being taken against a Servicemember.

Can a double jeopardy clause be used in court martial?

It is rare for this to happen, but it can. The double jeopardy clause does protect a Servicemember from going through a Court-Martial after being convicted in Federal Court for the same misconduct. This is rare, but it can happen.

Can a military court martial be a double jeopardy?

The double jeopardy clause doesn’t even prevent the military from bringing a Servicemember to Court-Martial after a State Court has convicted him/her of the same misconduct. Under constitutional analysis, State Courts and Courts-Martial are considered separate sovereigns. They can therefore both convict the same person of the same misconduct. It is rare for this to happen, but it can.

Does double jeopardy violate the Constitution?

While this may not seem fair, it does not violate the double jeopardy clause of the constitution. Two types of military actions are considered punishment under the double jeopardy clause. Those two actions are nonjudicial punishments (article 15, mast, office hours) and courts-martial.

Can the military take any action for the same misconduct?

What this means is that the military can take any and ALL of these actions for the same misconduct without even triggering any double jeopardy protection. For example, the Army can give an NCO a GOMOR, a relief for cause NCOER, and initiate separation proceedings, all for the same misconduct.

Who is the lawyer for the Navy in the Gamble case?

Commanders don’t,” said Lt. Daniel Rosinski, an appeals lawyer in the Navy who wrote the argument in the Gamble case. He also represents Greening in his appeal to a higher military court, but wouldn’t make Greening available to discuss the case, citing pending litigation.

Who said the military's decisions are incorrect?

But Eugene Fidell, a military justice lecturer at Yale Law School, said the military’s decisions are incorrect.

Do commanders get advice from lawyers?

But commanders do get advice from lawyers. When a service member is being charged for a crime for the second time, a senior-ranking judge advocate general weighs in. Commanders are not required to follow that advice, but former Army Gen. and Deputy Judge Advocate John D. Altenburg said it’s unlikely they would ignore it.

Which committees have held hearings that discussed taking legal decisions out of the hands of commanders?

Members of both the House and Senate armed forces committees have held hearings that discussed taking legal decisions out of the hands of commanders.

Who decides if a charge is worth pursuing for a second time in a federal court?

After civilians have been prosecuted in state courts, it’s up to lawyers in the U.S. attorney general’s office to decide whether a charge is worth pursuing for a second time in a federal court. In the military, senior ranking officers decide whether there’s enough evidence for a court-martial.

Is it unconstitutional to prosecute a military member twice?

In an argument filed against the government, appeals lawyers for the different branches of the military said prosecuting service members twice is unconstitutional. They asked the court to rule that “those who served our country receive the proper double jeopardy protections of the Constitution, our basic charter of rights to which they took an oath to defend with their lives.”

What is Gamble v. United States?

United States, a case Supreme Court justices heard in December that challenges federal jurisdiction to bring charges against a person already convicted by a state court of similar charges.

Does double jeopardy apply to federal court?

Double Jeopardy does obviously not apply to being tried by the state and the federal court system, where you can be convicted for drug smuggling by both the Federal and the State court as you broke both laws with the same act.

Does double jeopardy apply to drug smuggling?

We all know , that Double Jeopardy applies in the US, stopping one from getting tried twice for the same act... by the same type of court. Double Jeopardy does obviously not apply to being tried by the state and the federal court system, where you can be convicted for drug smuggling by both the Federal and the State court as you broke both laws with the same act. Sometimes one of them is using the result of the other as evidence and to fast track the trial.

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