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Yes, many times they can.  After an accused is convicted of an offense at his court-martial, he enters the sentencing phase of his court-martial.  During this phase, the servicemember convicted can present evidence of mitigation and extenuation in an effort to convince a court-martial panel or military judge to give him a lighter sentence for … Read more

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The courts have determined that prosecutorial misconduct occurs when trial counsel, “oversteps the bounds of that propriety and fairness which should characterize the conduct of such an officer in the prosecution of a criminal offense.”  It is rare that a military judge and/or an appellate court find that a trial counsel has committed prosecutorial misconduct … Read more

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Let’s say you are accused of a crime and investigators come to your house to conduct a search.  If you are not there to consent to the search, your spouse may have the authority to authorize a search of your house even in your absence.  In order for his or her consent to be legitimate … Read more

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I have the utmost respect for military judges, however, it is important to remember that they are human and therefore sometimes make mistakes.  If one of their mistakes impacts a servicemember who faced trial by court-martial or is facing trial by court-martial, the servicemember may see some relief on appeal.  Military judges may ask witness’ … Read more

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There is a big difference.  If a reprimand is filed in your Official Military Personnel File (OMPF), it stays in there permanently unless it is later removed.   If a reprimand is filed in your local file or your Military Personnel Records Jacket (MPRJ), consider yourself fortunate.  This means that you were warned in writing and … Read more

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Sometimes the outcome of a court-martial is dramatically altered by an administrative error.  Sometimes the Government makes an error that can lead to the evidence against an accused either falling apart or disappearing altogether.  Recently, the United States Army Court of Criminal Appeals (ACCA) in U.S. v. Muwwakkil upheld a military judge’s decision to completely … Read more

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When a court-martial is appealed, sometimes, one or more of the findings of guilty are dismissed by the service Court of Criminal Appeals (CCAs) or by the Court of Appeals for the Armed Forces (CAAF).  If one or more of an appellant’s convictions are dismissed, the sentence that the appellant received originally during his court-martial … Read more

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In military courts-martial, “Alford pleas” are not permitted.  An “Alford plea” is where an accused pleads guilty because it is in his best interest, even though he does not believe he is guilty.  To plead guilty at a court-martial, you must believe you are guilty.  Pleading guilty at a court-martial is a different than when … Read more

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There are Discharge Review Boards (DRBs) for each of the services.  These boards exist specifically to review requests from former servicemembers to upgrade their discharge characterizations and/or change the narrative reason for their discharge.  Upon request, the DRBs may grant a former servicemember a personal appearance hearing.  The personal appearance hearing is not like a … Read more

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You may have a valid appeal from your court-martial simply based on an administrative error in the transcript.  Recently, the Court of the Appeals for the Armed Forces (CAAF) in U.S. v. Davenport remanded the case because testimony from a government witness was completely missing from the transcript.  CAAF determined that the absence of an … Read more