I am frequently asked whether a service member under investigation should retain an attorney prior to charges being officially preferred. Today I again learned why the answer is yes. I have been representing a soldier who was accused (not charged) of a violation of Article 120 (sexual assault.) Since no charges were formally brought, TDS … Read more
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We recently represented a Coast Guard Warrant Officer who was facing elimination after 19 years of service due to two alcohol related incidents. This would have lead to the loss of all of his retirement benefits. We petitioned the Coast Guard, and were able to show that, due to the length of time between the … Read more
I recently brought attorney Ed Allan into the firm as “of counsel.” Ed is a retired Army Colonel (U.S.A.R.) and retired civilian employee, with extensive experience in the area of security clearances. Since coming on board, we have had several significant wins in the security clearance arena. We have recently represented a Civilian Employee at … Read more
I represented a former Airman who received a General (Under Honorable Conditions) Discharge for minor allegations of misconduct. We put together a packet of letters from former and current co-workers, and provide evidence to refute some of the allegations. In doing so, we were able to convince the Air Force Discharge Review Board to upgrade … Read more
I have been representing an Army Captain who came up hot on a urinalysis for THC. He swore he had no idea how it happened, and we did some digging. Turns out he had been to a music festival in Atlanta. When he got home there was a batch of cookies on the kitchen table … Read more
In 2016, the Court of Appeals for the Armed Forces (CAAF) made a huge decision in United States v. Hills. In this case, 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 … Read more
Almost exactly a year ago, on February 18, 2016 the Court of Appeals for the Armed Forces (CAAF) overturned a Navy-Marine Court of Criminal Appeals (NMCCA) decision in United States v. Hoffman based on an improper search and seizure. In that case, Corporal Hoffman was being investigated for driving around Camp Lejeune, North Carolina soliciting … Read more
In this blog series, I have discussed how servicemembers are protected by the two-tiered appellate system in the military (Part I). I also explained that there are a few unique appellate issues that may be argued by military appellants. In Part II of this series, I discussed the issue of ineffective assistance of counsel in … Read more
In this blog series, I have discussed how servicemembers are protected by the two-tiered appellate system in the military (Part I). I also explained that there are a few unique appellate issues that may be argued by military appellants. In Part II of this series, I discussed the issue of ineffective assistance of counsel in … Read more
In part I of this blog series on military appellate law, I discussed how the two-tiered appellate system works and how it provides unique protections for servicemembers appealing their court-martial results. In part I, I also explained that servicemembers can raise unique issues on appeal. The unique appellate issue I will discuss in this part … Read more