Military Law Blog

CAAF

CAAF Finds that Defense Attorney Was Not Ineffective for Failing to Admit False Confession at Court-Martial

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 …

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Navy-Marine Corps Court of Criminal Appeals Reverses Earlier Opinion on Whether Regular Component Retirees Are Subject to UCMJ Jurisdiction

In December 2017, the Navy court-martialed retired Chief Petty Officer Stephen Begani for attempted sexual assault of a child and attempted sexual abuse of a child. The charges stemmed from online conversations between the retired Chief and an undercover NCIS agent who was portraying a 15-year old child and the Chief’s travel to meet with …

Navy-Marine Corps Court of Criminal Appeals Reverses Earlier Opinion on Whether Regular Component Retirees Are Subject to UCMJ Jurisdiction Read More »

Discharge Review

Army Court of Criminal Appeals Rejects Defense Arguments that President Trump’s Comments Unlawfully Influenced Proceedings in Bowe Bergdahl Case

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 …

Army Court of Criminal Appeals Rejects Defense Arguments that President Trump’s Comments Unlawfully Influenced Proceedings in Bowe Bergdahl Case Read More »

Court of Appeals

The Government Petitions the US Supreme Court to Review CAAF Decisions on Statutes of Limitation

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 …

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caaf

CAAF Finds Error in Army Court’s Alteration of Guilty Rape Finding

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 …

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court of appeals

Navy-Marine Corps Court Finds that Military Retirees Cannot be Court-Martialed

The Navy-Marine Corps Court of Criminal Appeals recently issued a decision in the case of United States v. Begani that held that military retirees are not subject to court-martial jurisdiction. Chief Petty Officer Begani retired from the Navy in June of 2017 after 24 years of active duty service and was transferred to the Fleet …

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Listen to Episode 038: Navy Collisions At Sea And Courts-Martial in Podcasts

Weirick is joined by Hope Hodge Seck, journalist and managing editor at www.Military.com to discuss the courts-martial of Navy officers resulting from the deadly collisions of USS Fitzgerald and USS John S. McCain. Guest: Hope Hodge Seck Twitter: ‪‪‪@HopeSeck Website: www.Military.com Further reading about this case: Podcast support from The Great Courses Plus. For free …

Listen to Episode 038: Navy Collisions At Sea And Courts-Martial in Podcasts Read More »

Discharge Upgrade- Civilian Attorney

Mr. Cassara served six years on active duty in the Army JAG Corps and 16 years in the Army JAG Corps reserves.  He served as a prosecutor, defense counsel and as appellate defense counsel.  For more than 30 years, Mr. Cassara has represented service members of all military branches in courts-martial, appeals of court-martial convictions, …

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Security Clearance

They are threatening to revoke my security clearance…do I fight it?

Yes.  Your security clearance is the ticket to keeping your job.  Without it, you will most likely no longer be qualified to hold your position and if you are a service member, you may be eliminated from the service.  If you have recently received a letter of intent (LOI) to revoke your security clearance, you …

They are threatening to revoke my security clearance…do I fight it? Read More »

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