Back in October, I posted a blog regarding the Air Force Court of Criminal Appeal”s (AFCCA) decision to uphold a military judge’s decision to completely dismiss rape charges in United States v. Bowser. This month, that decision made by the AFCCA was upheld by the Armed Forces Court of Criminal Appeals (ACCA). This case is … Read more
Recently, in United States v. Villanueva, the Navy-Marine Court of Criminal Appeals (NMCCA) overturned a Navy male appellant’s court-martial conviction for forcible sodomy against another Navy male Hospitalman (HN P). HN P went to barbeque attended by appellant and became intoxicated. HN P claimed that he had little memory of what happened that night, but … Read more
In mid February, I posted a blog about the Air Force Court of Criminal Appeals (AFCCA) case U.S. v. Morita. This case is about a reserve Lieutenant Colonel who was found guilty of forging his signature on more than 100 documents, allowing him to collect money that he was not entitled to. In this case, … Read more
I have been representing an Army NCO who was suspected of BAH fraud. He called me after CID called him wanting an interview. I advised him to not speak to CID (which is what I always advise.) We then put together a rebuttal packet. We were able to convince the command to not prefer charges … Read more
If you are suspected of committing an offense in the military, no matter how minor the offense is, invoke your right to remain silent if someone attempts to question you about your actions. Even if you did nothing wrong, stay silent!! Even if it is your direct supervisor asking you questions, remain silent! Then, immediately … Read more
If you are suspected of committing an offense in the military, no matter how minor the offense is, invoke your right to remain silent if someone attempts to question you about your actions. Even if you did nothing wrong, stay silent!! Even if it is your direct supervisor asking you questions, remain silent! Then, immediately … Read more
If you have been ordered to an Article 32 hearing, then you have had charges read to you and your command is looking at sending you to a general court-martial. Obviously, you are confused and overwhelmed at this point and probably don’t know where to turn. What is an Article 32 hearing? The Article 32 … Read more
Not long ago I posted a blog regarding two common appellate arguments, legal insufficiency and factual insufficiency. Legal insufficiency means that a reasonable fact finder (court-martial panel or military judge) could not have found that the proof presented met the essential elements of the offense beyond a reasonable doubt. On Monday, February 23, 2015, in … Read more
No. While it is true that when you join the military voluntarily, you may give up certain freedoms, your constitutional rights stay intact. Just like in the civilian justice system, an accused is always “innocent until proven guilty.” It is shocking that this comes as a surprise to some. Some of the individuals who believe … Read more
DNA evidence can make or break a case. In a recent unpublished case, United States v. Hinojos, the Navy-Marine Corps Court of Criminal Appeals (N-MCCA) reversed an appellant’s court-martial conviction and authorized a rehearing because the military judge erred in allowing unauthenticated DNA evidence to be presented by the government. This court-martial was based on … Read more