Military Law Blog
Court of Appeals Determines That Servicemembers Do Not Have The Right To A Unanimous Verdict
In 2020, the United States Supreme Court decided the case of Ramos v. Louisiana. In Ramos, the Supreme Court held that the Sixth Amendment right to a jury included the requirement that jury verdicts be unanimous in order to convict. Since that time, military practitioners have been arguing to the military courts of appeal that … Read more
Navy-Marine Corps Court Overturns Manslaughter Conviction
The Navy-Marine Corps Court of Criminal Appeals recently decided the case of United States v. London. Lance Corporal (LCpl) London was in Boston with two friends when they encountered several members of the Emerson College men’s and women’s lacrosse teams at an apartment building. LCpl London’s group of three spoke for a while with a … Read more
New Law Gives Right to Appeal to Servicemembers With Lightest Sentences–But You Must Act Quickly!
As discussed previously here, the 2023 National Defense Authorization Act opened up access to the appellate courts to every servicemember convicted at general or special courts-martial, no matter the sentence. If you are court-martialed and receive a sentence that includes a bad conduct discharge, dishonorable discharge, dismissal, or confinement for two years or more, your … Read more
Court of Appeals for Armed Forces Finds That Confinement Conditions Did Not Constitute Cruel and Unusual Punishment
Many bases and posts throughout the United States do not have their own confinement facilities. The commanders of these installations often enter into Memorandums of Agreement (MOA) with local civilian jails to hold pretrial detainees, servicemembers serving a short sentence, or servicemembers awaiting transfer to a military confinement facility. The conditions at these local jails … Read more
Congress Makes Changes to Appellate Rights in 2023 NDAA
Before December 23, 2022, Article 66 of the Uniform Code of Military Justice (UCMJ) set up two ways for convicted servicemembers to get direct appellate review from the service courts of criminal appeals. First, courts-martial that resulted in a sentence that included death, dismissal, dishonorable discharge, bad conduct discharge, or confinement for two years or … Read more
Air Force Appellate Court Sets Aside Guilty Plea Over Sex Offender Registration
Some convictions at court-martial can carry certain collateral consequences. For example, domestic assault convictions will trigger Lautenberg limitations on gun ownership and possession. Convictions for offenses considered felonies at the state level can strip a convicted servicemember of the ability to vote or own weapons. Convictions for sex offenses usually leads to registration as a … Read more
Army Court Denies Government Appeal Over Suppressed Statement
Article 66 of the Uniform Code of Military Justice (UCMJ) provides servicemembers who are convicted at court-martial with the ability to appeal those convictions to the service appellate courts. These Article 66, UCMJ, reviews are the majority of the cases that these courts see. However, there are some instances in which the service courts address … Read more
Navy-Marine Corps Court Sets Aside Conviction for Leaving the Scene of an Accident
On New Year’s Day in 2020, nine Sailors assigned to Joint Base Charleston, South Carolina were celebrating the new year at a local river bank. While there, Hospitalman Apprentice Helems drank six to eight beers. He then volunteered to drive all eight of his fellow Sailors in his pickup truck. He had five Sailors with … Read more
DoD Announces That Poppy Seeds May Lead to a Positive Urinalysis for Codeine
For decades, servicemembers facing court-martial, nonjudicial punishment, or administrative separation for positive urinalyses have argued that certain results could come from the ingestion of perfectly legal substances. One example of an innocent substance that could lead to a positive opiate urinalysis is poppy seeds, found on bagels, in seasonings, and on other food products. The … Read more
Army Appellate Court Upholds Conviction for Soldier Who Remotely Wiped Her iPhone After It Had Been Seized
The Army Court of Criminal Appeals recently decided the case of United States v. Strong. SSG Strong was driving a military tactical vehicle with several cadets from the United States Military Academy in the back. Her truck was last in a convoy that was transporting a group of cadets to a land navigation course in … Read more