Court Martial Appeals Blog

The Navy-Marine Corps Court of Criminal Appeals recently decided the case of United States v. Harborth. Chief Harborth and his wife were having an argument over her suspicion that he was having an affair. The Chief’s wife asked to see his cell phone and he began to delete pictures from the phone. The Chief’s stepdaughter … Read more

The military justice system has drawn criticism over the years due to the role that commanders historically played in deciding which cases went to trial. This criticism has been heightened in recent years as Congress has sought to address issues regarding the handling of military sexual assault allegations. The FY22 NDAA included Congress’s attempt to … Read more

The Army Court of Criminal Appeals recently reversed a guilty finding for rape in the case of United States v. NievesVele. PV2 NievesVele was convicted of rape and sentenced to 14 years confinement, a dishonorable discharge, and reduction to E-1. At trial, the alleged victim testified that PV2 NievesVele had committed forcible penetration without consent. … Read more

The Navy-Marine Corps Court of Criminal Appeals recently decided the case of United States v. Nina. LCpl Nina was investigated for the introduction, possession, and distribution of LSD aboard Camp Pendleton, California. When he was interviewed, LCpl Nina admitted his crimes and named the Marines to whom he distributed the LSD, as well as the … Read more

The Navy-Marine Corps Court of Criminal Appeals recently decided the case of United States v. Miller. On its face, the case seems rather straight-forward. Antonio Miller served honorably for a four-year enlistment in the United States Marine Corps from 1972 to 1976. Upon his discharge, Miller enlisted in the United States Navy. Almost two years … Read more

Article 15 of the Uniform Code of Military Justice allows commanders to impose punishments for minor offenses without sending the matter to a court-martial. It is intended to allow commanders to deal with lower-level disciplinary matters quickly and then move forward with the mission. The servicemember can decide whether to appear before the commander personally … Read more

The Court of Appeals for the Armed Forces (CAAF) recently decided the case of United States v. Brown. Chief Brown was one of 11 chief petty officers assigned to a Coast Guard cutter. While the ship was in dry dock, the group used a group text chat to communicate regarding ship’s business. On three occasions, … Read more

The Court of Appeals for the Armed Forces recently granted a petition for review in the Army case of United States v. Mendoza. SSG Mendoza was stationed in Korea with a female Specialist. The Specialist had been off post for dinner and drinks and then returned and joined a group that included SSG Mendoza at … Read more

The Court of Appeals for the Armed Forces recently decided the case of United States v. Harrington. Airman First Class Harrington was tried and convicted of involuntary manslaughter, communicating a threat, and the unlawful use of cocaine and marijuana. The drug and threat specifications resulted from a separate incident from the involuntary manslaughter offense. The … Read more

Unlawful command influence has been called the “mortal enemy” of military justice. Article 37(a)(3) of the UCMJ prohibits any person subject to the UCMJ from attempting to coerce or, by any unauthorized means, attempting to influence the action of a court-martial. Some common examples are when a command prevents other servicemembers from testifying on behalf … Read more