Military Law Blog

Navy-Marine Court of Criminal Appeals holds that victim’s right to not be excluded from an Article 32 hearing has limits.

August 5, 2017

Recently, in A.M. v. United States and Densford, the Navy-Marine Corps Court of Criminal Appeals (NMCCA) reviewed a claim from an alleged sexual assault victim that she was excluded from parts of the preliminary Article 32 hearing in violation of Article 6b of the UCMJ. Under Article 6b(a)(3), the alleged victim of a UCMJ offense … Read more

Can a retired service member be court-martialed?

April 17, 2017

Yes.  The Navy-Marine Court of Criminal Appeals (NMCCA) in United States v. Dinger recently held that a retired servicemember can face a court-martial for offenses committed after retirement. In Dinger, retired Gunnery Sergeant Dinger was accused of indecent acts, attempting to produce child pornography, possessing child pornography and making an indecent visual recording.  The alleged … Read more

What does it mean to relax the rules of evidence during the sentencing phase of a court-martial?

April 10, 2017

If a servicemember is found guilty at his court-martial during the findings phase of the trial, the court-martial will then have a sentencing phase.  This is the phase of the court-martial where the panel or military judge determines what sentence the servicemember will receive for the offenses for which he was found guilty.  If a … Read more

Can you be awake and conscious but still “otherwise unaware” of sexual contact?

March 30, 2017

The Court of Appeals for the Armed Forces (CAAF) on 21 March 2017 in United States v. Sager determined that an alleged victim of sexual assault could indeed be “otherwise unaware” but both awake and conscious when the sexual act was occurring.  In this case, Navy Airman Sager was accused of sexually assaulting his roommate.  … Read more