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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

There used to be a day long ago where military justice was fast and furious.  Servicemembers accused of crimes might have found themselves going from accusation to conviction quickly with almost no chance to present their case.  Military justice has changed drastically for the better.  The Uniform Code of Military Justice now offers an extraordinary … Read more

Two recent cases are being reviewed to determine if the computer searches conducted by investigators prior to the court-martials were overbroad.  Recently, the Court of Appeals for the Armed Forces (CAAF) granted review of the Air Force case, United States v. Richards.  Then, right after that, The Army Judge Advocate General certified the Army case, … Read more

Recently, there has been a string of military appellate cases across the services where the appeals have been based on whether some of the appellate judges have been improperly serving on two different courts.  Appellants have argued that it is a violation of the Appointments Clause in the Constitution to have a judge appointed to … Read more

Marine Major Jason Brezler was accused of sending classified information over his personal email to other Marines serving in Afghanistan.  MAJ Brexler sent the emails to warn fellow Marines about a corrupt Afghan police chief who was involved in trafficking young boys as part of a sex slave practice known as “bacha bazi.”  After he … Read more

On 6 December 2016, the Court of Appeals for the Armed Forces (CAAF) heard oral argument in the Army case United States v. Commisso.  Sergeant First Class (SFC) Commisso was convicted by a general court-martial composed of officer members, of abusive sexual contact, indecent viewing, indecent recording, indecent broadcasting, violating a lawful general regulation, obstructing justice, and … Read more

Recently, the House Committee on Rules released its conference report.  In the report were proposed changes to the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017.  Some of these proposals involve significant changes to the Uniform Code of Military Justice (UCMJ).  One of the changes that caught my eye was a proposed change … Read more