What if your ex-boyfriend posts a picture of you naked on Facebook without your permission? It is now a crime in the military. Article 117a, “Wrongful broadcast or distribution of intimate visual images” has been approved and now incorporated into the UCMJ. Article 117a states that: Any person subject to this chapter who— (1) knowingly … Read more
Military Law Blog
On 6 February 2018, the Court of Appeals for the Armed Forces (CAAF) reversed its own precedent in United States v. Mangahas by determining that rape of an adult is not punishable by death and therefore has a five year statute of limitation. In October 2015, Air Force Lieutenant Colonel (LTC) Mangahas was charged with … Read more
About two weeks ago, I wrote a blog about the Court of Appeals for the Armed Forces (CAAF) overturning a conviction for rape and other charges in the Coast Guard case United States v. Riesbeck. https://courtmartial3.wpengine.com/caaf-reverses-conviction-rape-prejudice-coast-guard-improperly-selected-panel-saturated-women/. The Court dismissed that case with prejudice on 23 January 2018 due to the panel being improperly stacked with … Read more
If a reprimand or non-judicial punishment (NJP) is filed in your permanent file while you are in the service, it stays in there unless it is later removed. Sometimes, it is the reason you are later separated from the service. Sometimes you leave the service voluntarily. Either way, the reprimand or NJP stay in your … Read more
On 23 January 2018, the Court of Appeals for the Armed Forces (CAAF) overturned a conviction for rape and other charges in the Coast Guard case United States v. Riesbeck. When Boatswain’s Mate Second Class (E-5) Riesbeck went to his court-martial in 2012 for allegedly raping a woman, he faced a seven member panel that … Read more
The year 2018 has started off with a good news story! I argued in front of the Court of Appeals for the Armed Forces (CAAF) for my client Army Major (MAJ) Thompson recently and the CAAF ruled in our favor in January 2018. The CAAF reversed the ruling made by the Army Court of Criminal … Read more
Article 6b of the UCMJ, states that a crime victim has a “right to be reasonably heard at . . . [a] sentencing hearing relating to the offense.” Article 6b(a)(4)(B). However, the rules of evidence allow a victim to present their testimony on sentencing in the form of an unsworn statement. This is similar to … Read more
On 13 December 2017, in United States v. Morales, the Army Court of Criminal Appeal (ACCA) reversed PFC Morales’ court-martial conviction for abusive sexual content, indecent viewing and indecent recording. In this case, a female soldier alleged that PFC Morales sexually touched her while massaging her legs. After the alleged touching the female soldier and … Read more
In many circumstances, a court-martial case will be automatically reviewed by the appropriate service Court of Criminal Appeals (CCA). There is an Army CCA, Air Force CCA, Navy-Marine CCA and a Coast Guard CCA. Article 66 of the UCMJ dictates which court-martial cases will be automatically heard by the service courts of criminal appeals. Currently, … Read more
Convicted by a court-martial–It isn’t over until the appeals are over–how you can walk out of prison after your conviction: Interview of Bill Cassara, a retired US Army Reserve JAG. Bill specializes in criminal law to include courts-martial. Bill explains what happens after your court-martial has ended and you are appealing your conviction. Bill walks … Read more