This is a blog focusing on Court Martial Appeals Issues.
This month, the Court of Appeals for the Armed Forces (CAAF) issued its opinion in United States v. Black. The accused Soldier, PFC Black, lent his cell phone to another Soldier who was about to start a 12-hour duty period. PFC Black told him he could use the phone while he was on duty, to … Read more
The military justice system, like state and federal justice systems, contains rules of privilege. These rules keep certain evidence from being introduced in a court proceeding, even if the evidence would be relevant at trial. These rules of privilege exist because society has determined that encouraging and protecting certain relationships and communications is more important … Read more
Mr. Cassara Recently appeared on Military Justice Today Podcast. See below for excerpt and how to listen- Often referred to as the Godfather of Military Justice, Bill Cassara is a former Army prosecutor, defense counsel and appellate attorney with more than 30 years of military law experience. On this episode, Bill discusses some of the … Read more
The Fourth Amendment protects all Americans from search and seizure of their homes and property without a warrant. There are exceptions to this rule, such as for exigent circumstances or when evidence of a crime is in plain sight of law enforcement. Where a law enforcement agent violates the Fourth Amendment rights of an individual, … Read more
The Court of Appeals for the Armed Forces recently released its opinion in United States v. Edwards. Airman First Class Edwards was convicted of the unpremeditated murder of his roommate, Airman Bradley Hale. During sentencing, the Government called both of Airman Hale’s parents to testify about their son and the impact of his death upon … Read more
The Court of Appeals for the Armed Forces recently decided the case of United States v. Simmons, and set aside one of the guilty findings and the sentence. Senior Airman Simmons had been charged with, among other offenses, extortion for threatening to post intimate pictures of his victim unless she performed a sex act. The … Read more
In September 2020, 1st Lieutenant Badders was tried at Fort Hood, Texas by a panel of officers. He was found guilty of one specification of sexual assault. While the members were deliberating on the case, the defense counsel became aware of an article published in several on-line news sources concerning a high-profile Soldier suicide at … Read more
Article 66 of the Uniform Code of Military Justice establishes the Service Courts of Criminal Appeals. The Article states that each court may affirm only such findings of guilty and sentence as the court finds correct in law and fact and determines should be approved. Article 66 also states that in conducting this review, the … Read more
The 2018 National Defense Authorization Act created a new article under the UCMJ. Article 117a criminalizes the wrongful broadcast or distribution of intimate images. Unlike Article 120c which outlaws the indecent viewing, recording, or broadcasting of the private area of another person without their consent, Article 117a applies to servicemembers who release consensually made images … Read more
The Government frequently enters into pretrial agreements with accused servicemembers. These agreements benefit an accused because they usually limit the possible sentence and may reduce the number of charges the accused faces. They benefit the Government because they provide certainty in the outcome and require substantially less resources than a contested trial. When an accused … Read more