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Court Martial Appeals Blog

The Court of Appeals for the Armed Forces Reverses Itself on the Statute of Limitations in Rape Cases

Article 43(a) of the UCMJ establishes the statute of limitations for military offenses. The statute of limitations is the timeframe for prosecuting criminal offenses in military courts that applies to a particular offense. From 1986 to 2006, the military had five years from the date of most offenses to charge someone with that offense. The […]

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Court-Martial Sentencing Procedures Change in 2019

Discharge Review

The Military Justice Act, passed in 2016, took effect on January 1, 2019. Among the many changes to military justice practice the new law includes adjustments to sentencing procedures. These changes seem primarily to address the disparity in sentences under the previous procedures. Until this year, if an accused elected to be tried by members […]

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A New Type of Special Court-Martial Debuts in 2019

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Extensive changes to military justice went into effect on January 1, 2019. One of the biggest changes was the addition of a new type of court-martial. Article 16(c)(2)(A) allows a special court-martial convening authority to refer charges to a special court-martial consisting of a military judge alone. Unlike when the charges are tried at a […]

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Big Changes to Military Justice in 2019

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In 2016, Congress passed the Military Justice Act of 2016. These significant changes to the UCMJ and the Manual for Courts-Martial came into effect on January 1, 2019. While the law did create some new offenses, the biggest changes came in the procedures associated with courts-martial. Here are some of the most important changes: 1) […]

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CAAF Determines that Navy DJAG Improperly Influenced a Rear Admiral in Navy Seal Sexual Assault Case

In early 2014, Senior Chief Barry was charged with two specifications of sexual assault. He eventually went to trial and was convicted of one specification by a military judge. The finding and sentence came up to RADM Lorge, the Commander of Naval Region Southwest-San Diego for action. Although the Rules for Court-Martial governing the case […]

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What is an unreasonable multiplication of charges, and why does it matter?

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If you have ever read a court-martial charge sheet, you have probably wondered how one allegation of a crime could turn into five different charges. Prosecutors frequently break an incident down into multiple offenses when they prepare the charge sheet. For example, one fistfight could end up with several specifications of assault, one for each […]

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Alleged victim’s refusal to participate in proceeding involving alleged sexual assault could lead to a speedy trial dismissal for the accused.

On 29 November 2016, Private Hendrix was charged with two specifications of sexual assault. However, the alleged victim refused to participate and testify in the proceedings. Therefore, eventually, the convening authority dismissed the charges. One day later, the alleged victim decided she did want to participate in a trial against the accused. The convening authority […]

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