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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

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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