After someone is convicted at a court-martial, there are many administrative tasks that take place. These tasks include the record of trial being typed and reviewed; the Convening Authority taking final action in the case; the case being docketed by the service appellate court; and finally the service appellate court making a decision. While these … Read more
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Recently, in United States v. Solis, the Navy-Marine Court of Criminal Appeals (NMCCA) faced an appeal in which appellant challenged Article 120(b)(3)(A) stating that it was “void for vagueness.” Article 120(b)(3)(A), “prohibits sexual activity with a person who is incapable of consenting to the sexual act due to… impairment by any drug, intoxicant, or other … Read more
On 28 June 2016, the Army Court of Criminal Appeals (ACCA) in United States v. Schaeffer held that a military judge was disqualified from serving as the judge in a court-martial and that he should have recused himself. ACCA therefore reversed the appellant’s conviction and authorized a rehearing. This holding was not because the military … Read more
I recently represented a Coast Guardsman who was convicted of sexual abuse of a child and a general disorder for making a statement to a child that was of a nature to bring discredit upon the armed forces. Two days prior to the court-martial, the alleged minor victim completely changed his story from the conduct alleged … Read more
It may surprise some of you to know that one cannot be convicted based on his confession of guilt alone. Military Rule of Evidence (M.R.E.) 304(c) states that a confession must have some form of corroboration supporting it to be entered into evidence at a court-martial and used to convict an accused. The corroborating evidence … Read more
If your service Court of Criminal Appeals (CCA) had denied your appeal, you can either request reconsideration by that court or you can appeal to the higher court called the Court of Appeals for the Armed Forces (CAAF). However, you must be mindful of the deadlines. Once a decision is made by your service CCA, … Read more
Yes. The Navy-Marine Court of Criminal Appeals (N-MCCA) explored this issue in March 2016 in United States v. Hackler. In this case, Lance Corporal Hackler, appellant, had been convicted of adultery along with some charges relating to the sexual assault of a female Lance Corporal. As part of his appeal, appellant claimed that servicemembers in … Read more
On 20 June 2016, the Army Court of Criminal Appeals (ACCA) overturned a conviction in a sexual assault case in United States v. Castillejo. The reason this case was overturned was due to government and military error. During an investigation, appellant provided an interview to the Army Criminal Investigations Division (CID). The interview was videotaped. … Read more
There is a specific board for each of the services designed specifically to review discharges and determine whether they should be upgraded. These are called Discharge Review Boards (DRB). The DRB is a board with objective members who will review your specific circumstances and make a decision as to whether they should upgrade your discharge … Read more
At the conclusion of the court-martial, the convening authority (usually the base commander) has the authority to either approve or disapprove the conviction and the sentence, either in whole or in part. This is commonly referred to as the clemency process of “1105 submission.” This is due to the fact that the authority to ask … Read more