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Philip Douglas Cave

Philip Cave’s Answers

1,982 total

  • My question is about the many versions of legal dictionaries...Black's, Bouvier's, etc.

    Out of all the versions of law dictionaries available from Black's to Bouvier's, from the early days to current, which are considered valid? Valid to the extent that one could actually stand on a definition in any court of law.

    Philip’s Answer

    I learned from Blacks in law school. So I consider that among the preeminent to follow. Over time other dictionaries have come out. None are "valid" in the sense of being binding on a court. Like any dictionary they have value in trying to explain a concept. That's not different than using the English Oxford vice Merriam-Webster. I even use the Urban Dictionary at times in briefs.

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  • What to do about being in the military and child visitation?

    I am currently in the US Army, stationed here at Fort Hood, Texas. I left Florida 3 years ago and went through a bad break up. The mother of my child is currently in Deltona, Florida. I never married her and we settled everything in mediation.(I t...

    Philip’s Answer

    You really should go to the Post legal assistance office.
    They can give you some initial help on ways to enforce your visitation.
    Do NOT stop making any support payments, that could lead to misconduct issues that you don't need on top of this.

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  • Still married but spouse left with no supports

    I'm married to an active duty soldier who's in transition leave and will be out of the Army for medical discharge in less two months. He's cheating on me while we are still married and has moved out of the house today. Our lease will be terminat...

    Philip’s Answer

    You could contact his command. They could try to assist you for the time he is still on active duty.
    It sounds like you should be discussing a legal separation with the legal assistance office on base. Until he is out you have that benefit. Once he's out you'll need to work with your own private attorney.
    These are also matters that might be worked out through an agreement.

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  • How can I amend an appellate brief to add a new issue after opinion has been handed down?

    Rule 38.7 allows you to amend a brief with a new issue, but is that the proper rule to use if the appellate court has already handed down its opinion? Or should I raise the issue under rule 49.1 in a motion for rehearing instead of rule 38.7 moti...

    Philip’s Answer

    Mr. Sherwood is giving you a good answer it appears based on Texas law..
    That would be the rule in most jurisdictions I either practice in or am familiar with.

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  • I texted numerous escorts arranging their services and discussing their rates I never had any intent on meeting up with them

    I sent them all to random hotel rooms and I was never there and never intended on receiving the service .. Just waisting there time.. Is this illegal (Ontario Canada)

    Philip’s Answer

    Not a good thing to be doing in the US either.
    Sounds like there could be a solicitation of prostitution case here--but you'd need to ask a Canadian lawyer, especially if the police come after you.

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  • Understanding enlistee's right on fraudulent enlistment charges.

    My brother is getting kicked out of marine boot camp for fraudulent enlistment because of his shoulder surgery. When he signed up a year ago he told his recruiting officer about this, in which the recruiting officer told him to with hold. What ca...

    Philip’s Answer

    Unfortunately it appears he also didn't tell them at MEPS during his physical.
    If the shoulder injury is otherwise disqualifying, then his best shot/hope is that they separate him with an ELS separation. That carries less of a bad mark than being separated for misconduct based on fraudulent enlistment.

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  • Waivers.

    I was discharged from the USMC COG re3 JFV1 at bootcamp I already went to meps and passed the physical. I'm now just waiting to hear back of my waiver was approved. It's been a few weeks so I'm kinda nervous. are they still approving waivers?

    Philip’s Answer

    Yes. But very difficult to get, especially with a prior separation.

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  • What is considered a control buy that would give enough evidence to get a search warrant?

    A c.i entered a apartment building with mark bills to do a controlled buy. He was not seen going into the defendants residence but came out with a controlled substance. The buy was done in November the search warrant was executed December 16th and...

    Philip’s Answer

    1. That's not my experience in how controlled buys are done--the delay in either the warrant or arrest.

    2. You should talk to a criminal defense lawyer who can explore the validity of the warrant. The arrest and prosecution may be more problematic. This boils down in some ways to proving the buy. It would be better for the police to have found the money. But they can still proceed on the testimony of the witnesses. If the witnesses are believed, then it's possible to get a conviction. BUT this must be explored with your lawyer. That's better than generalized thoughts from blogging.

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  • Background checks for employment - Suitability Determination

    I am a contractor receiving a suitability determination letter. There are two things (misuse of a government computer and AWOL) they want me to answer on the eQip. This is due to my filing an EEO against my former agency. The former agency removed...

    Philip’s Answer

    Have you received a denial letter and statement of reasons, which sets out your appeal rights?

    It's different to a security clearance issue.

    Agencies are required to give reasonable notice to
    employees or applicants in writing, citing specific
    reasons why they are deemed unsuitable. This
    includes information on “materials relied upon”
    to make the decision; time limits for response and
    information regarding their rights to respond and have
    representation. Suitability Actions are appealable to
    the Merit Systems Protection Board (MSPB) (http:// The procedures for filing an appeal
    with the Board are found at 5 CFR 1201.

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