caaf army

Court of Appeals for the Armed Forces Limits the Use of Prior Statements at Trial

Military rules of evidence generally do not allow hearsay statements to be admitted at trial. Hearsay statements are statements made outside of court that are offered as proof of the substance of that statement. There are several exceptions to the hearsay rule, such as statements included in regular business records. Other types of statements are …

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Navy-Marine Corps Court of Criminal Appeals Finds That Government Did Not Prove Sexual Assault Offenses Beyond a Reasonable Doubt

In 2018, the Marine Corps tried Cpl Lewis on several sexual assault charges. The panel convicted him of attempted sexual assault, abusive sexual contact, and sexual assault. The Government charged that these offenses occurred when the alleged victim, Cpl Alpha, was incapable of consenting due to impairment by alcohol. The panel found Cpl Lewis not …

Navy-Marine Corps Court of Criminal Appeals Finds That Government Did Not Prove Sexual Assault Offenses Beyond a Reasonable Doubt Read More »

Article 15

Army Court of Criminal Appeals Affirms Trial Judge’s Decision Excluding Hearsay Statements Made By Alleged Victim and Son

The Army Court of Criminal Appeals (ACCA) recently decided the case of United States v. Henry. The case concerns the Government’s appeal of a military judge’s decision not to allow certain statements made by the alleged victim and her son at trial. Hearsay Rules of evidence generally do not allow parties to introduce hearsay statements …

Army Court of Criminal Appeals Affirms Trial Judge’s Decision Excluding Hearsay Statements Made By Alleged Victim and Son Read More »

Navy-Marine Corps Appeals

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 …

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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, …

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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 »

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