Military Law Blog
CAAF reverses conviction for rape with prejudice because the Coast Guard improperly selected a panel saturated with women.
On 23 January 2018, the Court of Appeals for the Armed Forces (CAAF) overturned a conviction for rape and other charges in the Coast Guard case United States v. Riesbeck. When Boatswain’s Mate Second Class (E-5) Riesbeck went to his court-martial in 2012 for allegedly raping a woman, he faced a seven member panel that … Read more
Court of Appeals for the Armed Forces reverses my client’s conviction and sentence based on improper use of propensity evidence.
The year 2018 has started off with a good news story! I argued in front of the Court of Appeals for the Armed Forces (CAAF) for my client Army Major (MAJ) Thompson recently and the CAAF ruled in our favor in January 2018. The CAAF reversed the ruling made by the Army Court of Criminal … Read more
Air Force CCA rules that victim’s unsworn statement is not evidence.
Article 6b of the UCMJ, states that a crime victim has a “right to be reasonably heard at . . . [a] sentencing hearing relating to the offense.” Article 6b(a)(4)(B). However, the rules of evidence allow a victim to present their testimony on sentencing in the form of an unsworn statement. This is similar to … Read more
Army Court of Criminal Appeals reverses conviction based on a bad search.
On 13 December 2017, in United States v. Morales, the Army Court of Criminal Appeal (ACCA) reversed PFC Morales’ court-martial conviction for abusive sexual content, indecent viewing and indecent recording. In this case, a female soldier alleged that PFC Morales sexually touched her while massaging her legs. After the alleged touching the female soldier and … Read more
Will my court-martial automatically be appealed to the appellate courts?
In many circumstances, a court-martial case will be automatically reviewed by the appropriate service Court of Criminal Appeals (CCA). There is an Army CCA, Air Force CCA, Navy-Marine CCA and a Coast Guard CCA. Article 66 of the UCMJ dictates which court-martial cases will be automatically heard by the service courts of criminal appeals. Currently, … Read more
Military Law Matters Podcast 16- Appeals
Convicted by a court-martial–It isn’t over until the appeals are over–how you can walk out of prison after your conviction: Interview of Bill Cassara, a retired US Army Reserve JAG. Bill specializes in criminal law to include courts-martial. Bill explains what happens after your court-martial has ended and you are appealing your conviction. Bill walks … Read more
Air Force Court of Criminal Appeals gives appellant an entire year off of his confinement because the Air Force missed a hearing.
In 2014, in United States v. Katso, the Air Force Court of Criminal Appeals (AFCCA) reversed an appellant’s convictions of aggravated sexual assault, burglary, and unlawful entry, for which the appellant was sentenced to confinement for ten years, total forfeitures, and a dishonorable discharge. The reversal was based on the AFCCA’s finding that a DNA … Read more
Can an incomplete and unfiled written reprimand be used against me in my court-martial?
Today on November 28, 2017, the Court of Appeals for the Armed Forces (CAAF) is set to review this very issue in United States v. Jerkins. In this case, Army Major Jerkins was convicted of assault consummated by a battery upon a child after hitting his three-year-old step-son with a belt. Following his conviction, MAJ … Read more
Service Appellate Courts’ application of CAAF’s ruling regarding the propensity instruction appear inconsistent.
In United States v. Hills in 2016, the Court of Appeals for the Armed Forces (CAAF) held that if a servicemember is charged with more than one sexual offense in a court-martial, one charge cannot be used as “propensity evidence” to show that one of the other charges occurred. More specifically, the Court held that … Read more
Recent Argument
I had the honor of arguing the case of United States v. Eppes at the Court of Appeals for the Armed Forces last week. I have argued before this court on numerous occasions, and this is the third time I have been asked to participate in a “Project Outreach” argument. They do these arguments at … Read more