Military Law Blog
Navy-Marine Corps Court of Criminal Appeals Declines to Consider Juror Testimony of Improper Juror Discussion and Voting
Corporal RosarioMartinez was charged with sexual assault of another Marine after the two were drinking at a bar. During voir dire, the military judge asked the members if they had been instructed on the definition of consent through Marine Corps training. They all said that they had and the military judge stopped for a brief … Read more
Air Force Appellate Court Finds Conditions of Pretrial Confinement in Civilian Facility Unduly Harsh
The Air Force Court of Criminal Appeals recently released its decision in United States v. Cassaberry-Folks. Staff Sergeant Cassaberry Folks pled guilty to a number of offenses, including four specifications of assault consummated by a battery, extortion, forgery, and larceny. He was sentenced, in accordance with his plea agreement, to a bad conduct discharge, 18 … Read more
Army Appellate Court Sets Aside Assault Conviction Due to Failures by Prosecutors and Trial Judge
The Army Court of Criminal Appeals recently decided the case of United States v. Burch. Warrant Officer Burch was originally charged with four specifications of sexual assault. His counsel entered negotiations with the Government to resolve the case with a plea agreement. Throughout the negotiations, the defense counsel made clear that Warrant Officer Burch would … Read more
Highest Military Court Issues Important Decision on Sexual Assault Prosecutions
Last year, the Court of Appeals for the Armed Forces [CAAF] agreed to consider the case of United States v. Mendoza. We discussed the case here. Mendoza was a sexual assault case involving a Soldier who woke up the morning after becoming extremely intoxicated and did not recall most of what had happened the night … Read more
Court of Appeals Reaffirms Constitutionality of Service Discrediting Offenses
Article 134 of the Uniform Code of Military Justice creates three different types of criminal offenses. First, it criminalizes “disorders and neglects” that are prejudicial to good order and discipline in the armed forces. Second, it criminalizes conduct of a nature to bring discredit upon the armed forces. Third, it allows the prosecution of existing … Read more
Top Military Appellate Court Sets Aside Lower Court Factual Sufficiency Test
The power granted to the individual service Courts of Criminal Appeals is one of the ways in which military criminal justice is unique. Article 66 of the UCMJ has historically established the service-level appellate courts and charged them with affirming only the findings and sentence that they find correct in law and fact. This is … Read more
Court of Appeals for Armed Forces Affirms Army Court’s Decision in Case Involving Remote Erasure of Digital Evidence
In early 2023, the Army Court of Criminal Appeals issued its decision in United States v. Strong, which was discussed here. SSG Strong was the driver of a military vehicle transporting several USMA cadets to a land navigation course. The vehicle went over an embankment, injuring several cadets and killing one. The Soldier riding with … Read more
Court of Appeals for the Armed Forces Sets Aside Lower Court Opinion Due to Faulty Analysis on Appropriateness of Sentence
The Court of Appeals for the Armed Forces recently issued an opinion in United States v. Swisher. Lance Corporal Swisher was court-martialed for several offenses resulting from the sexual assault of a young woman. Both LCpl Swisher and a civilian male were alleged to have assaulted the victim together. The civilian defendant pled guilty to … Read more
Military Appellate Court Sets Aside Conviction for Broadcasting Intimate Images
The Court of Appeals for the Armed Forces recently issued its decision in United States v. Grijalva. Petty Officer Grijalva was a member of the Coast Guard in 2019 when he guessed the Snapchat password of a female civilian, B.C.. B.C. had several photographs stored in her Snapchat account, including some nude pictures of herself. … Read more
President Issues Pardon for Certain Article 125 Court-Martial Convictions
From 1951 until 2013, Article 125 of the Uniform Code of Military Justice criminalized consensual sodomy between adults. The military pursued incidents of consensual same-sex sexual activity under this provision for decades. In 2003, the US Supreme Court issued an opinion in Lawrence v. Texas that struck down statutes criminalizing consensual sodomy between adults. The … Read more