Blog

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In United States v. Hills in 2016, the Court of Appeals for the Armed Forces (CAAF) held that if a servicemember is charged with more than one sexual offense in a court-martial, one charge cannot be used as “propensity evidence” to show that one of the other charges occurred. More specifically, the Court held that … Read more

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I had the honor of arguing the case of United States v. Eppes at the Court of Appeals for the Armed Forces last week.  I have argued before this court on numerous occasions, and this is the third time I have been asked to participate in a “Project Outreach” argument. They do these arguments at … Read more

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While in NY recently, I had the privilege of appearing on the radio show Valor Radio, which covers military and veteran’s affairs. We discussed a wide range of military legal topics, including the Bowe Bergdahl trial, the case involving the Judge Advocate General of the Navy, VADM Crawford, the contempt proceedings against BG Baker, and … Read more

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The claim that you received ineffective assistance of counsel (IAC) is an appeal that can be made following a court-martial. However, this claim must come with evidentiary support. It is not an easy claim to make and for that reason it often is not a successful argument on appeal. Counsel are presumed competent, and the … Read more

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In August, I posted a blog about the Air Force Court of Criminal Appeals decision in United States v. Pugh. See https://courtmartial3.wpengine.com/can-power-bars-get-court-martialed/. Major Pugh was charged with use of drugs, and willful dereliction of duty by consuming Strong and Kind bars, both of which contain hemp seeds, in violation of AFI 90-507. Major Pugh was … Read more

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This week I am set to argue in front of the Court of Appeals for the Armed Forces (CAAF) on behalf of my client, Captain Eppes, an Air Force officer. In this case, special agents of the Air Force Office of Special Investigations (AFOSI) went beyond the scope of a search warrant when they searched … Read more

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If at some point in your military career a commander has filed a written reprimand or non-judicial punishment in your permanent file, chances are it is still sitting in your file. It interferes with promotion and sometimes may prevent you from getting a fresh start everywhere you go. It is a problem and there is … Read more

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Court of Appeals for the Armed Forces (CAAF) will be hearing oral argument in United States v. Short on Tuesday, 24 October 2017. In this case, CAAF will be determining whether Sergeant Short’s conviction based on allegations of domestic abuse should be reversed due to prosecutorial misconduct. The courts have determined that prosecutorial misconduct occurs … Read more

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In June 2017, the Court of Appeals for the Armed Forces (CAAF) overturned a conviction for several alleged offenses in the Army case United States v. Commisso because three panel members lied when they stated that they had no prior knowledge of the case. Sergeant First Class (SFC) Commisso was convicted by a general court-martial … Read more

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Recently, the Court of Appeals for the Armed Forces (CAAF) has agreed to review a Navy case called United States v. Barry. In this case, Senior Chief Barry was found guilty of sexual assault. Following his court-martial, Rear Admiral Patrick Lorge approved the findings of guilty as the convening authority. Senior Chief Barry appealed the … Read more