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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

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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