Blog

by

If you have left your place of duty without proper permission, you are Absent without Leave (AWOL) in violation of Article 85, UCMJ.  Depending on the length of time you have been away and the circumstances upon which you left, you could be a deserter.  If you left your unit to avoid hazardous duty such … Read more

by

You are not alone if you feel this way.  Pleading guilty at a court-martial is very different than when a civilian pleads guilty at his civilian criminal trial.  In a court-martial involving a guilty plea, the military judge conducts what is called a “providence inquiry.”  During this inquiry the military judge has a lengthy discussion … Read more

by

All accused Soldiers, Sailors, Airmen and Marines are innocent until proven guilty.  That means that prior to any conviction in a court-martial, they are still Soldiers, Sailors, Airmen and Marines.  Sometimes those who are involved or who know about the upcoming court-martial forget this principle and they begin to treat that servicemember like they are … Read more

by

“Consent” and “Mistake of Fact as to Consent” are two completely different defenses and one or both of them may be pertinent to your upcoming court-martial or court-martial appeal based on sexual assault charges.  These are both affirmative defenses for Rape, Aggravated Sexual Assault, Aggravated Sexual Contact and Abusive Sexual Contact.  The “consent” defense is … Read more

by

In Brady v. Maryland in 1963, the Supreme Court ruled that if the prosecution fails to reveal material evidence favorable to the accused prior to his trial, a due process violation has occurred, regardless of whether the prosecution did it on purpose or not.  When this occurs today, we refer to it as a “Brady … Read more

by

At the end of March, the Army Court of Criminal Appeals (ACCA) decided to change an appellant’s sentence to “no punishment” in U.S. v. Lovell.  The appellant had pled guilty to a five-year desertion, missing movement and an unauthorized absence at his court-martial and had received 6 months confinement, a bad conduct discharge and a … Read more

by

Yes it happens.  In fact recently, the Court of Appeals for the Armed Forces (CAAF) has ruled that there have been errors in the military judge’s instructions in seven different court-martials this term. Not all the convictions in those cases have been reversed, but some have.   Last Thursday, CAAF decided that they will review another … Read more

by

You have heard the phrase “getting off on a technicality.”  Every so often an appealing servicemember is able to get his or her conviction overturned because the government counsel or the military judge made an administrative error during the court-martial.  Recently, the Army Court of Criminal Appeals (ACCA) reversed an aggravated assault charge because the … Read more

by

If you were discharged within the last 15 years, you can still apply to your service discharge review board for a discharge upgrade.  Even if it has been more than 15 years, you may be able to get your application reviewed by one of the Boards for Correction of Military Records.  So, bottom line, it … Read more

by

In today’s political environment, if you or your loved one is facing charges involving a sexual offense, you may feel that the cards are stacked against them.  This is not true.  The rules of evidence are what they are.  Military Rule of Evidence 412 is one that everyone thinks exists to the protect the alleged … Read more