Marines

Navy and Marine Corps Court Finds That Military Judge Properly Granted Mistrial After Prosecutor Failed to Provide Discovery to Defense Counsel

The Navy Marine Corps Court of Criminal Appeals recently decided the case of United States v. Cabrera. LCpl Cabrera was part of a group of Marines that went out to several bars one evening. LCpl Romeo (not her real name) was a member of the group and became intoxicated to the point that she blacked …

Navy and Marine Corps Court Finds That Military Judge Properly Granted Mistrial After Prosecutor Failed to Provide Discovery to Defense Counsel Read More »

CAAF

CAAF Finds that Defense Attorney Was Not Ineffective for Failing to Admit False Confession at Court-Martial

The Court of Appeals for the Armed Forces (CAAF) recently decided the case of US v Carter. In 2015, Private First Class Gerald Carter was stationed at Fort Drum, New York but was temporarily assigned to Fort Polk, Louisiana. Both before and during the time that PFC Carter was in Louisiana, a Kik user with …

CAAF Finds that Defense Attorney Was Not Ineffective for Failing to Admit False Confession at Court-Martial Read More »

Supreme Court Decision Decides that Federal and State Jury Verdicts Must Be Unanimous

Last week, the United States Supreme Court decided the case of Louisiana v. Ramos. Louisiana is one of two states (the other being Oregon) that do not require unanimous verdicts in criminal jury trials. In 2016, Evangelisto Ramos was found guilty of second degree murder by a jury that voted 10-2 to convict. On appeal, …

Supreme Court Decision Decides that Federal and State Jury Verdicts Must Be Unanimous Read More »

Navy-Marine Corps Court of Criminal Appeals Reverses Earlier Opinion on Whether Regular Component Retirees Are Subject to UCMJ Jurisdiction

In December 2017, the Navy court-martialed retired Chief Petty Officer Stephen Begani for attempted sexual assault of a child and attempted sexual abuse of a child. The charges stemmed from online conversations between the retired Chief and an undercover NCIS agent who was portraying a 15-year old child and the Chief’s travel to meet with …

Navy-Marine Corps Court of Criminal Appeals Reverses Earlier Opinion on Whether Regular Component Retirees Are Subject to UCMJ Jurisdiction Read More »

Discharge Review

BCMR Removes Article 15 From Officer’s Records

Our office represents a reserve Air Force officer who was subjected to a lengthy investigation concerning his travel claims. When OSI could find no evidence of crimes, the command found an administrative error and used it to charge the officer and impose punishment at an Article 15 proceeding. The officer has been subjected to several …

BCMR Removes Article 15 From Officer’s Records Read More »

Court of Appeals

Favorable decision from the Court of Federal Claims remanding our case back to the AFBCMR for corrective action.

Recently received a favorable decision from the Court of Federal Claims remanding our case back to the AFBCMR for corrective action.  Our client had an undiagnosed seizure disorder that led him to act as if he were drunk and disorderly at an event.  Even with the recommendations for relief by three medical advisory opinions, the …

Favorable decision from the Court of Federal Claims remanding our case back to the AFBCMR for corrective action. Read More »

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