The Navy-Marine Corps Court of Criminal Appeals (NMCCA) recently decided the case of United States v. Armendariz. Master Sergeant Armendariz was a member of MWSS-373 in July 2016. The majority of the squadron, along with its Commanding Officer Lieutenant Colonel W, were deployed at the time and MSgt Armendariz was part of the Remain Behind … Read more
The Court of Appeals for the Armed Forces (CAAF) recently affirmed the conviction in United States v. Perkins despite a finding by the lower court that the search of Sergeant Perkins’ home was conducted without probable cause. In 2015, a civilian woman contacted the Naval Criminal Investigative Service (NCIS) onboard Marine Corps Air Station Yuma … Read more
Weirick is joined by Hope Hodge Seck, journalist and managing editor at www.Military.com to discuss the courts-martial of Navy officers resulting from the deadly collisions of USS Fitzgerald and USS John S. McCain. Guest: Hope Hodge Seck Twitter: @HopeSeck Website: www.Military.com Further reading about this case: Podcast support from The Great Courses Plus. For free … Read more
In United States v. McDonald, the Court of Appeals for the Armed Forces (CAAF) examined the required mens rea, or criminal intent, necessary for a conviction of sexual assault. PFC McDonald’s roommate invited a woman over to his barracks room. He told her that no one else would be in the room. The woman testified … Read more
You can submit an application to the Naval Discharge Review Board requesting an upgraded characterization of service. Contact us today to find out how.
Mr. Cassara served six years on active duty in the Army JAG Corps and 16 years in the Army JAG Corps reserves. He served as a prosecutor, defense counsel and as appellate defense counsel. For more than 30 years, Mr. Cassara has represented service members of all military branches in courts-martial, appeals of court-martial convictions, … Read more
In its recent decision in United States v. Forbes, the Court of Appeals for the Armed Forces upheld a HIV-positive sailor’s conviction for sexual assault after he had unprotected sex with four women. The Petty Officer tested positive for HIV in 2012 and was instructed to inform any future sexual partners of his status. Despite … Read more
Yes. Your security clearance is the ticket to keeping your job. Without it, you will most likely no longer be qualified to hold your position and if you are a service member, you may be eliminated from the service. If you have recently received a letter of intent (LOI) to revoke your security clearance, you … Read more
Article 43(a) of the UCMJ establishes the statute of limitations for military offenses. The statute of limitations is the timeframe for prosecuting criminal offenses in military courts that applies to a particular offense. From 1986 to 2006, the military had five years from the date of most offenses to charge someone with that offense. The … Read more
The Military Justice Act, passed in 2016, took effect on January 1, 2019. Among the many changes to military justice practice the new law includes adjustments to sentencing procedures. These changes seem primarily to address the disparity in sentences under the previous procedures. Until this year, if an accused elected to be tried by members … Read more
