Military Law Blog
Appellate Court Sets Aside Attempted Sexual Assault Conviction
The Navy-Marine Corps Court of Criminal Appeals recently decided the case of United States v. Salinas. Petty Officer Second Class Salinas was convicted of attempted sexual assault and assault with intent to commit sexual assault. The two offenses were charged in the alternative, so PO2 Salinas was only sentenced on the attempted sexual assault offense. … Read more
Navy-Marine Corps Appellate Court Sets Aside Convictions on Search and Seizure Error
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
New Offices of the Special Trial Counsel Take On Prosecutions of Sexual Assault Cases
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
Army Appellate Court Reverses Rape Conviction After Military Judge Limited Defense Cross-Examination of the Alleged Victim
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
Navy-Marine Corps Appellate Court Finds No Unlawful Influence in Senior Trial Counsel’s Actions
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
Appellate Court Sets Aside Conviction for 44-Year Desertion Offense
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
US Navy Publishes New Guidance Concerning “Vessel Exception” in Nonjudicial Punishment Cases
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
Court of Appeals Decides Case Involving Disrespectful Text Messages
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
Top Military Court to Consider Legal Sufficiency of Sexual Assault Conviction
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
Court of Federal Claims Vacates Army Board for Correction of Military Records Decision
A judge in the Court of Federal Claims recently issued a decision in the case of Guardado v. United States. Guardado had been a Master Sergeant in the Army when he was convicted of several offenses at court-martial in 2014. He was sentenced to eight years confinement, total forfeiture of all pay and allowances, and … Read more