On 15 March 2018, the Air Force Court of Criminal Appeals (AFCCA) set aside the findings and sentence in United States v. Vargas because a military judge failed to recuse himself when he should have. In this case, Senior Airman (E-4) Vargas (appellant) was convicted of two specifications of attempted abusive sexual contact, three specifications […]
What if your ex-boyfriend posts a picture of you naked on Facebook without your permission? It is now a crime in the military. Article 117a, “Wrongful broadcast or distribution of intimate visual images” has been approved and now incorporated into the UCMJ. Article 117a states that: Any person subject to this chapter who— (1) knowingly […]
On 6 February 2018, the Court of Appeals for the Armed Forces (CAAF) reversed its own precedent in United States v. Mangahas by determining that rape of an adult is not punishable by death and therefore has a five year statute of limitation. In October 2015, Air Force Lieutenant Colonel (LTC) Mangahas was charged with […]
We have been representing a member of the South Carolina Army National Guard (SCARNG) who was notified that his security clearance was suspended due to his alleged involvement in the GRAP recruiting scandal. Years after his work as a recruiter CID interviewed all of his old recruits, and two of them did not remember my […]
About two weeks ago, I wrote a blog about the Court of Appeals for the Armed Forces (CAAF) overturning a conviction for rape and other charges in the Coast Guard case United States v. Riesbeck. https://courtmartial.com/caaf-reverses-conviction-rape-prejudice-coast-guard-improperly-selected-panel-saturated-women/. The Court dismissed that case with prejudice on 23 January 2018 due to the panel being improperly stacked with […]
We recently represented a former soldier who had been discharged from the Army with a General (Under Honorable Conditions) discharge for a “Physical Condition, not a Disability.” Essentially, he was kicked out because he had a previously undiagnosed anxiety disorder, which manifested itself once he went on active duty. We petitioned the Army Discharge Review […]
If a reprimand or non-judicial punishment (NJP) is filed in your permanent file while you are in the service, it stays in there unless it is later removed. Sometimes, it is the reason you are later separated from the service. Sometimes you leave the service voluntarily. Either way, the reprimand or NJP stay in your […]
On 23 January 2018, the Court of Appeals for the Armed Forces (CAAF) overturned a conviction for rape and other charges in the Coast Guard case United States v. Riesbeck. When Boatswain’s Mate Second Class (E-5) Riesbeck went to his court-martial in 2012 for allegedly raping a woman, he faced a seven member panel that […]
Gainesville, GA Military Veteran with Restored Respect Patriotic, bright and brave, Nicolas came from a military family and signed up after 9/11. However, after many harrowing and horrible experiences, especially in Iraq, his solid base of sensitivities became shaken. His best friend was killed in front of him in battle. When he was returned to […]
The year 2018 has started off with a good news story! I argued in front of the Court of Appeals for the Armed Forces (CAAF) for my client Army Major (MAJ) Thompson recently and the CAAF ruled in our favor in January 2018. The CAAF reversed the ruling made by the Army Court of Criminal […]