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Military Law Blog

Can a retired service member be court-martialed?

Yes.  The Navy-Marine Court of Criminal Appeals (NMCCA) in United States v. Dinger recently held that a retired servicemember can face a court-martial for offenses committed after retirement. In Dinger, retired Gunnery Sergeant Dinger was accused of indecent acts, attempting to produce child pornography, possessing child pornography and making an indecent visual recording.  The alleged […]

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What does it mean to relax the rules of evidence during the sentencing phase of a court-martial?

If a servicemember is found guilty at his court-martial during the findings phase of the trial, the court-martial will then have a sentencing phase.  This is the phase of the court-martial where the panel or military judge determines what sentence the servicemember will receive for the offenses for which he was found guilty.  If a […]

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