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On June 25, 2015, the Court of Appeals for the Armed Forces (CAAF) in United States v. Blouin overturned an Army appellant’s conviction for possession of child pornography despite the fact that he voluntarily pled guilty.  CAAF ruled this way because they found that the images appellant possessed did not constitute child pornography.   In order … Read more

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In February, I posted a blog about the Navy-Marine Court of Criminal Appeal’s (NMCCA) decision to affirm the findings and sentence in United States v. Woods.  On June 18, 2015, the Court of Appeals for the Armed Forces (CAAF) reversed the NMCCA decision and overturned the appellant’s conviction.  In Woods, the senior member of the … Read more

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On 17 June 2015, the President signed an Executive Order making effective all of the revisions to the Manual for Courts-Martial (MCM) required by the FY 14 and FY15 National Defense Authorization Acts (NDAA).  The revisions are mostly pointed at courts-martial for sexual assault offenses.  There are many significant amendments to the MCM.  Some of … Read more

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Last month, I posted a blog about the supplementary guidance issued by the Department of Defense (DoD) to the Military Department Boards for Correction of Military/Naval Records regarding petitions submitted by veterans requesting a discharge upgrade based on having Post Traumatic Stress Disorder (PTSD).  As I explained in this blog, the purpose of the guidance … Read more

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On 8 June 2015, the Court of Appeals for the Armed Forces (CAAF) in United States v. Simmermacher, reversed a drug conviction because the government destroyed the evidence too soon.  The appellant’s positive urinalysis was secured through routine random testing.  The government allowed the sample to be destroyed 12 days before the appellant was charged … Read more

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If someone filed a complaint against you with the IG and/or the IG conducted an investigation against you, chances are there is still adverse information about you in the IG database.  This adverse information can affect you and your future.  For example, it can typically be seen by promotion boards.  It could also have a … Read more

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In September 2014, the Department of Defense (DoD) issued supplementary guidance to Military Department Boards for Correction of Military/Naval Records.  The supplementary guidance applies to petitions submitted by veterans requesting a discharge upgrade and claiming that they had or have Post Traumatic Stress Disorder (PTSD).   The purpose of the guidance is to “ease the application … Read more

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Last week on 13 May 2015, I posted a blog about the different ways that you can seek post court-martial conviction relief through military leaders and through the military court system.  I did not address the fact that you can actually attempt to appeal a court-martial conviction through the civilian court system as well.  Once … Read more

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There are many avenues a servicemember can take after receiving a court-martial conviction.  While being convicted at a court-martial can feel like the end of the road, it may not be.  There are many different avenues one can take to try to get relief following a court-martial conviction.  The avenues include requests for clemency, court … Read more

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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