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Back in March 2013, I blogged about a case that was up for appeal because a trial counsel in a court-martial did some overblown ranting during his closing argument.  (U.S. v. Soloman)  Well, recently the Court of Appeals for the Armed Forces (CAAF) has decided to review a similar case, U.S. v. Frey, involving a … Read more

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If you have been ordered to an Article 32 investigation and are facing sexual offense charges, then you will be facing an experienced Judge Advocate when you go to your Article 32 hearing.  In August 2013, the Secretary of Defense mandated that the services begin using Judge Advocates as the Article 32 investigating officers in … Read more

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It is no secret that some of the crimes that servicemembers have been punished for under the UCMJ involve private consensual sexual activity. For example, adultery is typically a consensual sexual activity, but is also a crime under the UCMJ. Sodomy (which is a charge that is typically used to charge oral sex) is also … Read more

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If you are alleged to have committed a crime and are being read your rights, I urge you to remain silent and ask to speak with an attorney.  I have and always will recommend that course of action.  However, sometimes servicemembers do not take that advice and they choose to speak to investigators or their … Read more

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This past week the Army Judge Advocate General announced the development of the new United States Army Special Victim Advocate Program (SVAP).  This program created at the direction of the Secretary of Defense exists to provide legal advice and representation to victims of sexual assault throughout the military justice process.  This program is modeled after … Read more

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I am devoting this blog to the “ultimate offense doctrine” because military appellate courts have been making more frequent rulings based on this doctrine lately.  The ultimate offense doctrine rears its head when a servicemember is ordered to obey a law that already exists and the servicemember is charged at a court-martial with failing to … Read more

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The new Article 120c has an offense called “indecent viewing.”  This is an offense that may need some explanation.  Indecent viewing is when someone knowingly and wrongfully views the private area of a person.  In order to qualify as an indecent viewing, however, it must be without consent and it must have occurred under circumstances … Read more

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Generally, evidence of an alleged victim’s other sexual behaviors or sexual predisposition is off limits to the defense.  However, there are times when an accuser’s other sexual behaviors or sexual predisposition may be presented as evidence to show that an accused is innocent of an Article 120 charge.  This is a very sensitive area of … Read more

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Yes you can.  It is not “double jeopardy” to face a court-martial for the exact same offense you already faced and were found guilty of at a NJP or an Article 15 hearing.  However, in 1989, in U.S. v. Pierce, the Court of Military Appeals (the Court of Appeals for the Armed Forces’ (CAAF) predecessor) … 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’s conviction may be overturned or never come to fruition.  As an … Read more