The Court of Appeals for the Armed Forces recently released its opinion in United States v. Simpson. Gunnery Sergeant (GySgt) Simpson had communicated with a woman, MB, whom he encouraged to take pictures and videos of another individual while in various states of undress without that individual’s consent. MB had complied and, at GySgt Simpson’s …
Court of Appeals Clarifies Law on Aiding and Abetting Read More »
The Court of Appeals for the Armed Forces [CAAF] released a decision in United States v. Norwood on February 24, 2021. Petty Officer Norwood’s niece alleged that he had sexually abused her. At trial, the prosecutors made several improper and inflammatory arguments to the members. Prosecutors can make strong arguments on the state of the …
CAAF Sets Aside Sentence in Case After Improper Argument by Prosecutors Read More »
From 1986 to 2006, the Uniform Code of Military Justice (UCMJ) listed several offenses as eligible for the death penalty. One of those offenses was rape of an adult. The UCMJ stated that offenses “punishable by death” had no statute of limitations. This meant that these types of cases could be brought to trial at …
Supreme Court Reverses CAAF on Statute of Limitations in Military Rape Cases Read More »
The Uniform Code of Military Justice (UCMJ) underwent several significant changes as a result of the 2016 Military Justice Act. Those changes went into effect on January 1, 2019 and include a new approach to Judge Advocate General (JAG) review of cases that do not qualify for appellate review. Pre-2019 JAG Review Prior to 2019, …
In January 2016, Senior Airman Harrington was at a party with several individuals. SSgt FC, LB, and TSgt KW were at the party as well. The group played several drinking games, including an “adult” version of Jenga. The game required individuals to perform tasks, such as removing articles of clothing or taking “body shots” from …
Air Force Court Reverses Military Judge’s Dismissal of Sexual Assault Charge Read More »
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 …
Navy-Marine Corps Court Affirms Assault Conviction for HIV Positive Marine Read More »
Military rules of evidence generally do not allow hearsay statements to be admitted at trial. Hearsay statements are statements made outside of court that are offered as proof of the substance of that statement. There are several exceptions to the hearsay rule, such as statements included in regular business records. Other types of statements are …
Court of Appeals for the Armed Forces Limits the Use of Prior Statements at Trial 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 …
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 …
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 …
