Military Law Blog
Court of Appeals Finds Conviction Legally Insufficient
Last month, the Court of Appeals for the Armed Forces (CAAF) reversed an Airman’s convictions under Article 134, UCMJ. The Court found the convictions legally insufficient because the Government did not prove that the Airman’s actions were prejudicial to good order and discipline. Article 134 of the Uniform Code of Military Justice (UCMJ) is a … Read more
Court of Appeals for the Armed Forces Sets Aside Guilty Verdict After Government Fails to Preserve Witness Interview Recordings
Last month, the Court of Appeals for the Armed Forces released its opinion in United States v. Sigrah. Private Sigrah was found guilty of sexual assault at trial. The victim alleged that she was at a party in the barracks with several friends and that, after drinking heavily, she went to sleep in a bed … Read more
Appeals Court Affirms Military Judge’s Decision to Suppress Cell Phone Search Evidence
This month, the Court of Appeals for the Armed Forces (CAAF) issued its opinion in United States v. Black. The accused Soldier, PFC Black, lent his cell phone to another Soldier who was about to start a 12-hour duty period. PFC Black told him he could use the phone while he was on duty, to … Read more
Court of Appeals Finds that Psychotherapist-Patient Privilege Does Not Extend to Diagnoses or Treatment Plans
The military justice system, like state and federal justice systems, contains rules of privilege. These rules keep certain evidence from being introduced in a court proceeding, even if the evidence would be relevant at trial. These rules of privilege exist because society has determined that encouraging and protecting certain relationships and communications is more important … Read more
William Cassara Appears on Military Justice Today Podcast
Mr. Cassara Recently appeared on Military Justice Today Podcast. See below for excerpt and how to listen- Often referred to as the Godfather of Military Justice, Bill Cassara is a former Army prosecutor, defense counsel and appellate attorney with more than 30 years of military law experience. On this episode, Bill discusses some of the … Read more
Navy-Marine Corps Court Sets Aside Guilty Finding After Unlawful Cell Phone Search
The Fourth Amendment protects all Americans from search and seizure of their homes and property without a warrant. There are exceptions to this rule, such as for exigent circumstances or when evidence of a crime is in plain sight of law enforcement. Where a law enforcement agent violates the Fourth Amendment rights of an individual, … Read more
Court Determines that Marine Captain Properly Separated After Affair with Staff Sergeant’s Wife
The Court of Federal Claims recently granted the Government’s motion for judgment on the administrative record in Carlino v. United States, the case of a Marine Captain who was administratively separated with an Other Than Honorable characterization of discharge after the command learned of his affair with the wife of a Staff Sergeant. The Captain … Read more
Sentence Set Aside Over Victim Impact Video
The Court of Appeals for the Armed Forces recently released its opinion in United States v. Edwards. Airman First Class Edwards was convicted of the unpremeditated murder of his roommate, Airman Bradley Hale. During sentencing, the Government called both of Airman Hale’s parents to testify about their son and the impact of his death upon … Read more
Court of Appeals Sets Aside Conviction After Government Expanded Charged Time Period Mid-Trial
The Court of Appeals for the Armed Forces recently decided the case of United States v. Simmons, and set aside one of the guilty findings and the sentence. Senior Airman Simmons had been charged with, among other offenses, extortion for threatening to post intimate pictures of his victim unless she performed a sex act. The … Read more
Court of Appeals for the Armed Forces to Hear Army Mistrial Case
In September 2020, 1st Lieutenant Badders was tried at Fort Hood, Texas by a panel of officers. He was found guilty of one specification of sexual assault. While the members were deliberating on the case, the defense counsel became aware of an article published in several on-line news sources concerning a high-profile Soldier suicide at … Read more