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Discharge Upgrade for Soldier with PTSD

We are proud to announce that the State Bar of Georgia has named us one of Georgia’s “Lawyers who Help” and we will be featured on a Public Service Announcement sponsored by the state bar.  It will feature the case of a soldier who was discharged with an Other Than Honorable Discharge in spite of […]

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Air Force Court of Criminal Appeals gives appellant an entire year off of his confinement because the Air Force missed a hearing.

In 2014, in United States v. Katso, the Air Force Court of Criminal Appeals (AFCCA) reversed an appellant’s convictions of aggravated sexual assault, burglary, and unlawful entry, for which the appellant was sentenced to confinement for ten years, total forfeitures, and a dishonorable discharge. The reversal was based on the AFCCA’s finding that a DNA […]

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Can an incomplete and unfiled written reprimand be used against me in my court-martial?

Today on November 28, 2017, the Court of Appeals for the Armed Forces (CAAF) is set to review this very issue in United States v. Jerkins. In this case, Army Major Jerkins was convicted of assault consummated by a battery upon a child after hitting his three-year-old step-son with a belt. Following his conviction, MAJ […]

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Service Appellate Courts’ application of CAAF’s ruling regarding the propensity instruction appear inconsistent.

In United States v. Hills in 2016, the Court of Appeals for the Armed Forces (CAAF) held that if a servicemember is charged with more than one sexual offense in a court-martial, one charge cannot be used as “propensity evidence” to show that one of the other charges occurred. More specifically, the Court held that […]

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Recent Argument

I had the honor of arguing the case of United States v. Eppes at the Court of Appeals for the Armed Forces last week.  I have argued before this court on numerous occasions, and this is the third time I have been asked to participate in a “Project Outreach” argument. They do these arguments at […]

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Valor Radio

While in NY recently, I had the privilege of appearing on the radio show Valor Radio, which covers military and veteran’s affairs. We discussed a wide range of military legal topics, including the Bowe Bergdahl trial, the case involving the Judge Advocate General of the Navy, VADM Crawford, the contempt proceedings against BG Baker, and […]

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If I choose the wrong attorney to defend me, can’t I just later appeal the court-martial claiming that I had a bad defense counsel?

The claim that you received ineffective assistance of counsel (IAC) is an appeal that can be made following a court-martial. However, this claim must come with evidentiary support. It is not an easy claim to make and for that reason it often is not a successful argument on appeal. Counsel are presumed competent, and the […]

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CAAF decides Power Bars should not get you court-martialed, reversing the Air Force Court of Criminal Appeals.

In August, I posted a blog about the Air Force Court of Criminal Appeals decision in United States v. Pugh. See https://courtmartial.com/can-power-bars-get-court-martialed/. Major Pugh was charged with use of drugs, and willful dereliction of duty by consuming Strong and Kind bars, both of which contain hemp seeds, in violation of AFI 90-507. Major Pugh was […]

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Just because there is a search warrant doesn’t mean they can search whatever they want! CAAF to hear my argument this week.

This week I am set to argue in front of the Court of Appeals for the Armed Forces (CAAF) on behalf of my client, Captain Eppes, an Air Force officer. In this case, special agents of the Air Force Office of Special Investigations (AFOSI) went beyond the scope of a search warrant when they searched […]

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