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DNA evidence can make or break a case.  In a recent unpublished case, United States v. Hinojos, the Navy-Marine Corps Court of Criminal Appeals (N-MCCA) reversed an appellant’s court-martial conviction and authorized a rehearing because the military judge erred in allowing unauthenticated DNA evidence to be presented by the government.  This court-martial was based on … Read more

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Having an experienced attorney by your side at your court-martial is extremely important.  Don’t wait until your appeal to make sure the right person is defending you, because the attorney representing you at your court-martial could make mistakes that could cost you your chance at a valid appeal.  What I am talking about is “waiver” … Read more

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Entrapment is a potential defense in a court-martial.  It is a defense when there is evidence that the accused committed the offense charged solely based on the suggestion or criminal design of a government agent, such as, an undercover police officer.  In order to be successful with this defense, it must be shown that the … Read more

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There are a lot of different types of discharges, it can get confusing.  So let me take a moment to walk through them.  Discharges that you can get if you are found guilty of certain offenses at a court-martial are different than those that you could receive when you are administratively discharged.  Also, in a … Read more

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The National Defense Authorization Act (NDAA) for fiscal year 2015 has many provisions designed to combat the problem of sexual assault in the military.  One of these provisions specifically requires each of the military services to establish a confidential process through which a victim of a sexual offense may challenge the terms or characterization of … Read more

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You might.  The military justice system has a unique rule when it comes to admitting a statement made by the accused prior to trial into evidence during his court-martial.  Under Military Rules of Evidence (M.R.E.) 304(h)(2), if “only part of an alleged admission or confession is introduced against the accused, the defense, by cross-examination or … Read more

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A court-martial panel is not a panel of randomly selected military members.  The commander, the same commander that sends an accused to a court-martial, hand selects the panel members.  This can seem a little unfair to the servicemember being tried at the court-martial.  However, the military justice system allows an accused to request the excusal … Read more

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The military justice system allows for the government and defense to negotiate pretrial agreements.  If you are considering pleading guilty to some of the offenses listed on your charge sheet at your court-martial, it is typically best to have an experienced attorney negotiate a pretrial agreement on your behalf.  Typically, in a pretrial agreement an … Read more

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The Uniform Code of Military Justice (UCMJ) uniquely makes adultery a crime.  So even if two consenting adults are involved in the adultery, criminal charges can be brought against a servicemember whether he or she is married or having sexual intercourse with a married individual.  However, in order to be convicted of adultery, the UCMJ … Read more

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I have chosen to blog about a recent Air Force appellate case named U.S. v. Parker because the written opinion in that case provides some insight into the judges sitting on military appellate courts.  In this case, the daughters of the accused alleged that their father Senior Airman Parker had sexually abused them.  The daughters … Read more