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Navy-Marine Corps Court of Criminal Appeals Finds That Government Did Not Prove Sexual Assault Offenses Beyond a Reasonable Doubt

In 2018, the Marine Corps tried Cpl Lewis on several sexual assault charges. The panel convicted him of attempted sexual assault, abusive sexual contact, and sexual assault. The Government charged that these offenses occurred when the alleged victim, Cpl Alpha, was incapable of consenting due to impairment by alcohol. The panel found Cpl Lewis not …

Navy-Marine Corps Court of Criminal Appeals Finds That Government Did Not Prove Sexual Assault Offenses Beyond a Reasonable Doubt Read More »

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Army Court of Criminal Appeals Affirms Trial Judge’s Decision Excluding Hearsay Statements Made By Alleged Victim and Son

The Army Court of Criminal Appeals (ACCA) recently decided the case of United States v. Henry. The case concerns the Government’s appeal of a military judge’s decision not to allow certain statements made by the alleged victim and her son at trial. Hearsay Rules of evidence generally do not allow parties to introduce hearsay statements …

Army Court of Criminal Appeals Affirms Trial Judge’s Decision Excluding Hearsay Statements Made By Alleged Victim and Son Read More »

Navy-Marine Corps Appeals

Navy and Marine Corps Court Finds That Military Judge Properly Granted Mistrial After Prosecutor Failed to Provide Discovery to Defense Counsel

The Navy Marine Corps Court of Criminal Appeals recently decided the case of United States v. Cabrera. LCpl Cabrera was part of a group of Marines that went out to several bars one evening. LCpl Romeo (not her real name) was a member of the group and became intoxicated to the point that she blacked …

Navy and Marine Corps Court Finds That Military Judge Properly Granted Mistrial After Prosecutor Failed to Provide Discovery to Defense Counsel Read More »

CAAF

CAAF Finds that Defense Attorney Was Not Ineffective for Failing to Admit False Confession at Court-Martial

The Court of Appeals for the Armed Forces (CAAF) recently decided the case of US v Carter. In 2015, Private First Class Gerald Carter was stationed at Fort Drum, New York but was temporarily assigned to Fort Polk, Louisiana. Both before and during the time that PFC Carter was in Louisiana, a Kik user with …

CAAF Finds that Defense Attorney Was Not Ineffective for Failing to Admit False Confession at Court-Martial Read More »

Supreme Court Decision Decides that Federal and State Jury Verdicts Must Be Unanimous

Last week, the United States Supreme Court decided the case of Louisiana v. Ramos. Louisiana is one of two states (the other being Oregon) that do not require unanimous verdicts in criminal jury trials. In 2016, Evangelisto Ramos was found guilty of second degree murder by a jury that voted 10-2 to convict. On appeal, …

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Navy-Marine Corps Court of Criminal Appeals Reverses Earlier Opinion on Whether Regular Component Retirees Are Subject to UCMJ Jurisdiction

In December 2017, the Navy court-martialed retired Chief Petty Officer Stephen Begani for attempted sexual assault of a child and attempted sexual abuse of a child. The charges stemmed from online conversations between the retired Chief and an undercover NCIS agent who was portraying a 15-year old child and the Chief’s travel to meet with …

Navy-Marine Corps Court of Criminal Appeals Reverses Earlier Opinion on Whether Regular Component Retirees Are Subject to UCMJ Jurisdiction Read More »

Court of Appeals

Favorable decision from the Court of Federal Claims remanding our case back to the AFBCMR for corrective action.

Recently received a favorable decision from the Court of Federal Claims remanding our case back to the AFBCMR for corrective action.  Our client had an undiagnosed seizure disorder that led him to act as if he were drunk and disorderly at an event.  Even with the recommendations for relief by three medical advisory opinions, the …

Favorable decision from the Court of Federal Claims remanding our case back to the AFBCMR for corrective action. Read More »

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 …

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

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 …

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

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