This is a blog focusing on Court Martial Appeals Issues.
NMCCA issued an opinion in the case of US v Lewis this week. Sgt Lewis was convicted of three specifications of failure to obey a lawful order, one specification of sexual assault by causing bodily harm, one specification of indecent viewing, and one specification of assault consummated by a battery. On appeal, Sgt Lewis argued … Read more
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 … Read more
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 … Read more
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 … Read more
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 … Read more
Audio of Wednesday’s oral arguments at CAAF is available at the following links: United States v. Finch, No. 19-0298/AR (CAAFlog case page): Oral argument audio (wma)(mp3) The audio is also available on our oral argument audio podcast.
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 … Read more
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 … Read more
The Court of Appeals for the Armed Forces (CAAF) issued an opinion in the case of United States v. English this summer that reinforced the limitations on the authority of appellate courts. Specialist English was convicted at court-martial of several specifications resulting from a violent sexual attack on his wife. He was sentenced to 23 … Read more
On June 7th, the Court of Appeals for the Armed Forces issued an opinion in United States v. Gonzales. This opinion reinforces how important it is for defense counsel to get objections and concerns on the record during trial. Specialist Gonzales was charged with, among other offenses, rape of a child, which requires penetration, however … Read more