Court Martial Appeals Blog
This is a blog focusing on Court Martial Appeals Issues.
CAAF Argument Audio: Finch
Audio of Wednesday’s oral arguments at CAAF is available at the following links: United States v. Finch, No. 19-0298/AR (CAAFlog case page): Oral argument audio (wma)(mp3) The audio is also available on our oral argument audio podcast.
Army Court of Criminal Appeals Rejects Defense Arguments that President Trump’s Comments Unlawfully Influenced Proceedings in Bowe Bergdahl Case
Then-Private First Class Bowe Bergdahl was assigned to a combat outpost in Afghanistan in 2009 when he left the Observation Post in order to walk to a Forward Operating Post and lodge a complaint about the treatment of his platoon at the OP. Bergdahl was quickly captured by the Taliban and held captive until May … Read more
The Government Petitions the US Supreme Court to Review CAAF Decisions on Statutes of Limitation
In February of this year, the Court of Appeals for the Armed Forces (CAAF) issued its opinion in United States v. Briggs. It was the second CAAF decision addressing the statute of limitations in sexual assault cases issued in the last two years. This blog discussed both cases here. Essentially, the Court found that the … Read more
CAAF Finds Error in Army Court’s Alteration of Guilty Rape Finding
The Court of Appeals for the Armed Forces (CAAF) issued an opinion in the case of United States v. English this summer that reinforced the limitations on the authority of appellate courts. Specialist English was convicted at court-martial of several specifications resulting from a violent sexual attack on his wife. He was sentenced to 23 … Read more
Defense Failure to Object Dooms Issue on Appeal
On June 7th, the Court of Appeals for the Armed Forces issued an opinion in United States v. Gonzales. This opinion reinforces how important it is for defense counsel to get objections and concerns on the record during trial. Specialist Gonzales was charged with, among other offenses, rape of a child, which requires penetration, however … Read more
Navy-Marine Corps Court of Criminal Appeals Overturns Sexual Assault Conviction Over Improper Search Authorizations
The Navy-Marine Corps Court of Criminal Appeals (NMCCA) recently decided the case of United States v. Armendariz. Master Sergeant Armendariz was a member of MWSS-373 in July 2016. The majority of the squadron, along with its Commanding Officer Lieutenant Colonel W, were deployed at the time and MSgt Armendariz was part of the Remain Behind … Read more
Court of Appeals for the Armed Forces Affirms Conviction Where Search Was Conducted Without Probable Cause
The Court of Appeals for the Armed Forces (CAAF) recently affirmed the conviction in United States v. Perkins despite a finding by the lower court that the search of Sergeant Perkins’ home was conducted without probable cause. In 2015, a civilian woman contacted the Naval Criminal Investigative Service (NCIS) onboard Marine Corps Air Station Yuma … Read more
Court of Appeals for the Armed Forces Reaffirms Sexual Assault as a General Intent Crime
In United States v. McDonald, the Court of Appeals for the Armed Forces (CAAF) examined the required mens rea, or criminal intent, necessary for a conviction of sexual assault. PFC McDonald’s roommate invited a woman over to his barracks room. He told her that no one else would be in the room. The woman testified … Read more
Marine’s Discharge Upgraded to Honorable After Application to Naval Discharge Review Board
You can submit an application to the Naval Discharge Review Board requesting an upgraded characterization of service. Contact us today to find out how.
Sailor’s Conviction for Sexual Assault for HIV-Positive Sex Upheld
In its recent decision in United States v. Forbes, the Court of Appeals for the Armed Forces upheld a HIV-positive sailor’s conviction for sexual assault after he had unprotected sex with four women. The Petty Officer tested positive for HIV in 2012 and was instructed to inform any future sexual partners of his status. Despite … Read more