Military Law Blog
The Military Justice Act, passed in 2016, took effect on January 1, 2019. Among the many changes to military justice practice the new law includes adjustments to sentencing procedures. These changes seem primarily to address the disparity in sentences under the previous procedures. Until this year, if an accused elected to be tried by members […]
Extensive changes to military justice went into effect on January 1, 2019. One of the biggest changes was the addition of a new type of court-martial. Article 16(c)(2)(A) allows a special court-martial convening authority to refer charges to a special court-martial consisting of a military judge alone. Unlike when the charges are tried at a […]
In 2016, Congress passed the Military Justice Act of 2016. These significant changes to the UCMJ and the Manual for Courts-Martial came into effect on January 1, 2019. While the law did create some new offenses, the biggest changes came in the procedures associated with courts-martial. Here are some of the most important changes: 1) […]
CAAF Determines that Navy DJAG Improperly Influenced a Rear Admiral in Navy Seal Sexual Assault Case
In early 2014, Senior Chief Barry was charged with two specifications of sexual assault. He eventually went to trial and was convicted of one specification by a military judge. The finding and sentence came up to RADM Lorge, the Commander of Naval Region Southwest-San Diego for action. Although the Rules for Court-Martial governing the case […]
In recent years, much attention has been paid to the VA health system and disability ratings. However, for servicemembers who leave the military due to injury or illness, the military disability rating can be much more important. Servicemembers who have an injury or illness that keeps them from returning to full duty, known as an […]
If you have ever read a court-martial charge sheet, you have probably wondered how one allegation of a crime could turn into five different charges. Prosecutors frequently break an incident down into multiple offenses when they prepare the charge sheet. For example, one fistfight could end up with several specifications of assault, one for each […]
Alleged victim’s refusal to participate in proceeding involving alleged sexual assault could lead to a speedy trial dismissal for the accused.
On 29 November 2016, Private Hendrix was charged with two specifications of sexual assault. However, the alleged victim refused to participate and testify in the proceedings. Therefore, eventually, the convening authority dismissed the charges. One day later, the alleged victim decided she did want to participate in a trial against the accused. The convening authority […]
If you or your loved one was convicted at a court-martial, it does not mean the opportunity to defend yourself is over. What if about a year after your court-martial you discover new evidence that could lead to a new finding that you are not guilty? In this case, you may petition for a new […]
Recently, the Court of Appeals for the Armed Forces (CAAF) reversed three different Air Force cases based on their 2016 holding in United States v. Hills. In Hills, 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 […]
Good News Story!! My client was upgraded from a Bad Conduct Discharge to a General Discharge Under Honorable Conditions.
When I was contacted by a former Army Soldier last year, I was astounded by her story. Her service to this nation was truly astounding. However, the fact that she had received a Bad Conduct Discharge after suffering from severe Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI) was unfathomable. This young lady […]