On December 20, 2024, President Biden issued Executive Order 14130. This Order amended and added to the Manual for Courts-Martial. The majority of the changes became effective on the date the Order was issued, with the remainder going into effect on December 22 and December 23, 2024. The changes cover several areas of military justice … Read more
Corporal RosarioMartinez was charged with sexual assault of another Marine after the two were drinking at a bar. During voir dire, the military judge asked the members if they had been instructed on the definition of consent through Marine Corps training. They all said that they had and the military judge stopped for a brief … Read more
The Air Force Court of Criminal Appeals recently released its decision in United States v. Cassaberry-Folks. Staff Sergeant Cassaberry Folks pled guilty to a number of offenses, including four specifications of assault consummated by a battery, extortion, forgery, and larceny. He was sentenced, in accordance with his plea agreement, to a bad conduct discharge, 18 … Read more
The Army Court of Criminal Appeals recently decided the case of United States v. Burch. Warrant Officer Burch was originally charged with four specifications of sexual assault. His counsel entered negotiations with the Government to resolve the case with a plea agreement. Throughout the negotiations, the defense counsel made clear that Warrant Officer Burch would … Read more
Last year, the Court of Appeals for the Armed Forces [CAAF] agreed to consider the case of United States v. Mendoza. We discussed the case here. Mendoza was a sexual assault case involving a Soldier who woke up the morning after becoming extremely intoxicated and did not recall most of what had happened the night … Read more
Article 134 of the Uniform Code of Military Justice creates three different types of criminal offenses. First, it criminalizes “disorders and neglects” that are prejudicial to good order and discipline in the armed forces. Second, it criminalizes conduct of a nature to bring discredit upon the armed forces. Third, it allows the prosecution of existing … Read more
The power granted to the individual service Courts of Criminal Appeals is one of the ways in which military criminal justice is unique. Article 66 of the UCMJ has historically established the service-level appellate courts and charged them with affirming only the findings and sentence that they find correct in law and fact. This is … Read more
In early 2023, the Army Court of Criminal Appeals issued its decision in United States v. Strong, which was discussed here. SSG Strong was the driver of a military vehicle transporting several USMA cadets to a land navigation course. The vehicle went over an embankment, injuring several cadets and killing one. The Soldier riding with … Read more
The Court of Appeals for the Armed Forces recently issued an opinion in United States v. Swisher. Lance Corporal Swisher was court-martialed for several offenses resulting from the sexual assault of a young woman. Both LCpl Swisher and a civilian male were alleged to have assaulted the victim together. The civilian defendant pled guilty to … Read more
The Court of Appeals for the Armed Forces recently issued its decision in United States v. Grijalva. Petty Officer Grijalva was a member of the Coast Guard in 2019 when he guessed the Snapchat password of a female civilian, B.C.. B.C. had several photographs stored in her Snapchat account, including some nude pictures of herself. … Read more