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If you were separated or retired because of a disability, you may be under the impression that you are stuck with the rating percentage that you were given.  This is not necessarily true.  In fact, two different boards have been specifically set up to review disability ratings.  In 2009, the Physical Disability Board of Review … Read more

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In March I posted a blog talking about how sexual assault in the military is all over the news these days.  Well, this continues to be true as top military leaders resist proposals by some Senators that sexual assaults should no longer be handled by the military chain of command.  One of the bills introduced … Read more

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If you have been titled by the military police, NCIS or CID you know what a pain this can be.  It shows up every time a background check is done and it seems to follow you everywhere.  It does not take a lot to be titled, in fact, all that is needed is “credible information” … Read more

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Last week on May 23, 2013, after hearing my oral argument, the Court of Appeals for the Armed Forces (CAAF) ruled in favor of my client.  At my client’s original court-martial in 2008, the Government lost one of the exhibits submitted for sentencing.  This exhibit is sometimes nicknamed a “good soldier book” because it is … Read more

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It depends.  As an enlisted accused, you have three different options regarding who will hear your court-martial, a military judge, an officer panel or an enlisted panel (in which at least one-third of the members will be enlisted).  As an officer accused, you can choose between a military judge and an officer panel.  This is … Read more

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Possessing or receiving child pornography may not be as hard to defend against as you think.  If the government charges a servicemember at a court-martial of violating a statute by possessing or receiving child pornography, the government will have to be able to prove during the court-martial that the picture or pictures in question meet … Read more

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Yes.  Article 73 of the Uniform Code of Military Justice states that at any time within 2 years of the convening authority approving a court-martial sentence, an accused can petition The Judge Advocate General (TJAG) for a new court-martial on the basis of newly discovered evidence or fraud on the court.  If your case is … Read more

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Sometimes military servicemembers facing charges are placed in pretrial confinement prior to their court-martial.  If this happens to you, you may feel that your situation is helpless.  However, even after being placed in pretrial confinement, this original confinement decision must get reviewed within 48 hours, sometimes 72 hours depending on who made the original confinement … Read more

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On 30 April 2013, after hearing my argument, the Navy-Marine Corps Court of Criminal Appeals set aside the findings and sentence in OS1 James Rose’s case.  OS1 Rose was convicted in 2010 at a court-martial for using cocaine based solely on a positive drug test.   At that time he had served for 19 years and … Read more

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I know it is difficult to testify against someone at a court-martial…especially if it is a fellow Soldier, Sailor or Airman.  However, there some scenarios in which a Commanding General convening a court-martial may offer you immunity in order to use your testimony against someone else in a court-martial.  Often times the Commanding General will … Read more