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Court Martial Appeals Blog

NMCCA reverses findings due to conflicts of interest between military prosecutor and military defense counsel.

On 31 May 2017, in United States v. Hale, the Navy-Marine Corps Court of Criminal Appeals (NMCCA) reversed the findings and sentence in a marine court-martial based on severe conflicts of interest found between the lead defense counsel and the lead prosecutor.  A rehearing was authorized.  In this case, appellant was convicted of serious offenses […]

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CAAF defines the different types of defenses.

Recently, the Court of Appeals for the Armed Forces (CAAF) reviewed an Army case called United States v. Feliciano.  Private (PV2) Feliciano was convicted of two specifications of attempted aggravated sexual assault.  The evidence produced at the court-martial showed that PV2 Feliciano had sexual intercourse in a barracks room with a female soldier who had […]

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AFCCA Reverses Drug Conviction

This is an odd case for me to write about, because I was the counsel at trial, and we lost. But, because we properly preserved issues for appeal, the conviction was overturned on appeal.   Sr. A Barbara Thomas was convicted of two specifications of drug use. Most of the evidence against her was from […]

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New CAAF Decision on Failure to Object at Trial

The Court of Appeals for the Armed Forces (CAAF) recently decided the Army case of U.S. v. LTC Sean Ahern. LTC Ahern was convicted, contrary to his pleas of Not Guilty, of the sexual abuse of his step-daughter.  He was sentenced to 17.5 years confinement and a dismissal.   The issue on appeal was a […]

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New Army Court of Criminal Appeals Decision

Welcome to the first installment of my Court-Martial Appeals blog. In this blog, I will attempt to analyze the most interesting and important appellate decisions from the various Courts of Criminal Appeals, and the Court of Appeals for the Armed Forces. This blog is mainly intended for non-lawyers, to hopefully give a glimpse of how […]

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