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Discharge Review

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 … Read more

William E. Cassara, Military Law Attorney

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 … Read more

UCMJ

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, … Read more

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 … Read more

caaf army

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 … 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

Navy-Marine Corps Appeals

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

Navy Criminal Appeals

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 … Read more