Article 66 of the Uniform Code of Military Justice (UCMJ) provides servicemembers who are convicted at court-martial with the ability to appeal those convictions to the service appellate courts. These Article 66, UCMJ, reviews are the majority of the cases that these courts see. However, there are some instances in which the service courts address … Read more
On New Year’s Day in 2020, nine Sailors assigned to Joint Base Charleston, South Carolina were celebrating the new year at a local river bank. While there, Hospitalman Apprentice Helems drank six to eight beers. He then volunteered to drive all eight of his fellow Sailors in his pickup truck. He had five Sailors with … Read more
For decades, servicemembers facing court-martial, nonjudicial punishment, or administrative separation for positive urinalyses have argued that certain results could come from the ingestion of perfectly legal substances. One example of an innocent substance that could lead to a positive opiate urinalysis is poppy seeds, found on bagels, in seasonings, and on other food products. The … Read more
The Army Court of Criminal Appeals recently decided the case of United States v. Strong. SSG Strong was driving a military tactical vehicle with several cadets from the United States Military Academy in the back. Her truck was last in a convoy that was transporting a group of cadets to a land navigation course in … Read more
The Navy-Marine Corps Court of Criminal Appeals recently decided the case of United States v. Gomezvillalobos. Captain Gomezvillalobos was convicted of conspiracy to distribute a controlled substance as well as three other specifications on unrelated offenses. In early 2019, the Captain was texting with a 2ndLt he knew about attending an upcoming concert. The 2ndLt … Read more
The Navy-Marine Corps Court of Criminal Appeals recently released its opinion in the case of United States v. Jones. MMFN Jones was with a group of Sailors that rented several rooms at a hotel in Seattle. One of the sailors became very intoxicated and went to sleep in one of the rooms rented by the … Read more
This summer, the Air Force Court of Criminal Appeals heard the case of United States v. Dixon. Airman Basic Dixon had been convicted of housebreaking and communicating a threat at general court-martial. Dixon appealed his conviction, claiming that his convictions were not legally or factually sufficient. The Court agreed and set aside his convictions and … Read more
A Marine Sergeant’s conviction was recently upheld by the Navy-Marine Corps Court of Criminal Appeals. In United States v. Champion-Flores, the Court found that the Military Judge should have suppressed statements made by the Sergeant. However, the Court determined that this error was not prejudicial to the Sergeant and affirmed his conviction. Servicemembers have a … Read more
Last month, the Court of Appeals for the Armed Forces (CAAF) reversed an Airman’s convictions under Article 134, UCMJ. The Court found the convictions legally insufficient because the Government did not prove that the Airman’s actions were prejudicial to good order and discipline. Article 134 of the Uniform Code of Military Justice (UCMJ) is a … Read more
Last month, the Court of Appeals for the Armed Forces released its opinion in United States v. Sigrah. Private Sigrah was found guilty of sexual assault at trial. The victim alleged that she was at a party in the barracks with several friends and that, after drinking heavily, she went to sleep in a bed … Read more