Post Traumatic Stress Disorder (PTSD) is real and it affects numerous servicemembers.  While all of the services have implemented policies to try to eliminate the stigma that was once put on a servicemember seeking mental health, some servicemembers are still hesitant to talk about their mental suffering.  I have met with clients from time to … Read more

During a court-martial, a defense counsel may make a motion to the military judge for a mistrial.  If a motion for a mistrial is granted by the military judge, then the servicemember’s court-martial is terminated.  The charges and specifications in the court-martial are withdrawn and returned to the convening authority.  The convening authority can then … Read more

The law has long recognized that a husband and wife have a sacred relationship and that they should not be forced to turn on each other in a court of law.  The Military Rules of Evidence 504 provides a husband and wife two different types of spousal privileges at a court-martial.  The first type of … Read more

If you have left your place of duty without proper permission, you are Absent without Leave (AWOL) in violation of Article 85, UCMJ.  Depending on the length of time you have been away and the circumstances upon which you left, you could be a deserter.  If you left your unit to avoid hazardous duty such … Read more

You are not alone if you feel this way.  Pleading guilty at a court-martial is very different than when a civilian pleads guilty at his civilian criminal trial.  In a court-martial involving a guilty plea, the military judge conducts what is called a “providence inquiry.”  During this inquiry the military judge has a lengthy discussion … Read more

All accused Soldiers, Sailors, Airmen and Marines are innocent until proven guilty.  That means that prior to any conviction in a court-martial, they are still Soldiers, Sailors, Airmen and Marines.  Sometimes those who are involved or who know about the upcoming court-martial forget this principle and they begin to treat that servicemember like they are … Read more

“Consent” and “Mistake of Fact as to Consent” are two completely different defenses and one or both of them may be pertinent to your upcoming court-martial or court-martial appeal based on sexual assault charges.  These are both affirmative defenses for Rape, Aggravated Sexual Assault, Aggravated Sexual Contact and Abusive Sexual Contact.  The “consent” defense is … Read more

In Brady v. Maryland in 1963, the Supreme Court ruled that if the prosecution fails to reveal material evidence favorable to the accused prior to his trial, a due process violation has occurred, regardless of whether the prosecution did it on purpose or not.  When this occurs today, we refer to it as a “Brady … Read more

At the end of March, the Army Court of Criminal Appeals (ACCA) decided to change an appellant’s sentence to “no punishment” in U.S. v. Lovell.  The appellant had pled guilty to a five-year desertion, missing movement and an unauthorized absence at his court-martial and had received 6 months confinement, a bad conduct discharge and a … Read more

Yes it happens.  In fact recently, the Court of Appeals for the Armed Forces (CAAF) has ruled that there have been errors in the military judge’s instructions in seven different court-martials this term. Not all the convictions in those cases have been reversed, but some have.   Last Thursday, CAAF decided that they will review another … Read more