Discharge Review

Army Court of Criminal Appeals Rejects Defense Arguments that President Trump’s Comments Unlawfully Influenced Proceedings in Bowe Bergdahl Case

Then-Private First Class Bowe Bergdahl was assigned to a combat outpost in Afghanistan in 2009 when he left the Observation Post in order to walk to a Forward Operating Post and lodge a complaint about the treatment of his platoon at the OP. Bergdahl was quickly captured by the Taliban and held captive until May …

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Court of Appeals

The Government Petitions the US Supreme Court to Review CAAF Decisions on Statutes of Limitation

In February of this year, the Court of Appeals for the Armed Forces (CAAF) issued its opinion in United States v. Briggs. It was the second CAAF decision addressing the statute of limitations in sexual assault cases issued in the last two years. This blog discussed both cases here. Essentially, the Court found that the …

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caaf

CAAF Finds Error in Army Court’s Alteration of Guilty Rape Finding

The Court of Appeals for the Armed Forces (CAAF) issued an opinion in the case of United States v. English this summer that reinforced the limitations on the authority of appellate courts. Specialist English was convicted at court-martial of several specifications resulting from a violent sexual attack on his wife. He was sentenced to 23 …

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court of appeals

Navy-Marine Corps Court Finds that Military Retirees Cannot be Court-Martialed

The Navy-Marine Corps Court of Criminal Appeals recently issued a decision in the case of United States v. Begani that held that military retirees are not subject to court-martial jurisdiction. Chief Petty Officer Begani retired from the Navy in June of 2017 after 24 years of active duty service and was transferred to the Fleet …

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air force drug conviction

Defense Failure to Object Dooms Issue on Appeal

On June 7th, the Court of Appeals for the Armed Forces issued an opinion in United States v. Gonzales. This opinion reinforces how important it is for defense counsel to get objections and concerns on the record during trial. Specialist Gonzales was charged with, among other offenses, rape of a child, which requires penetration, however …

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Discharge Review

Navy-Marine Corps Court of Criminal Appeals Overturns Sexual Assault Conviction Over Improper Search Authorizations

The Navy-Marine Corps Court of Criminal Appeals (NMCCA) recently decided the case of United States v. Armendariz. Master Sergeant Armendariz was a member of MWSS-373 in July 2016. The majority of the squadron, along with its Commanding Officer Lieutenant Colonel W, were deployed at the time and MSgt Armendariz was part of the Remain Behind …

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Court of Appeals

Court of Appeals for the Armed Forces Affirms Conviction Where Search Was Conducted Without Probable Cause

The Court of Appeals for the Armed Forces (CAAF) recently affirmed the conviction in United States v. Perkins despite a finding by the lower court that the search of Sergeant Perkins’ home was conducted without probable cause. In 2015, a civilian woman contacted the Naval Criminal Investigative Service (NCIS) onboard Marine Corps Air Station Yuma …

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Listen to Episode 038: Navy Collisions At Sea And Courts-Martial in Podcasts

Weirick is joined by Hope Hodge Seck, journalist and managing editor at www.Military.com to discuss the courts-martial of Navy officers resulting from the deadly collisions of USS Fitzgerald and USS John S. McCain. Guest: Hope Hodge Seck Twitter: ‪‪‪@HopeSeck Website: www.Military.com Further reading about this case: Podcast support from The Great Courses Plus. For free …

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