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In this blog series, I have discussed how servicemembers are protected by the two-tiered appellate system in the military (Part I).  I also explained that there are a few unique appellate issues that may be argued by military appellants.  In Part II of this series, I discussed the issue of ineffective assistance of counsel in … Read more

In this blog series, I have discussed how servicemembers are protected by the two-tiered appellate system in the military (Part I).  I also explained that there are a few unique appellate issues that may be argued by military appellants.  In Part II of this series, I discussed the issue of ineffective assistance of counsel in … Read more

In part I of this blog series on military appellate law, I discussed how the two-tiered appellate system works and how it provides unique protections for servicemembers appealing their court-martial results.  In part I, I also explained that servicemembers can raise unique issues on appeal.  The unique appellate issue I will discuss in this part … Read more

There used to be a day long ago where military justice was fast and furious.  Servicemembers accused of crimes might have found themselves going from accusation to conviction quickly with almost no chance to present their case.  Military justice has changed drastically for the better.  The Uniform Code of Military Justice now offers an extraordinary … Read more

Posted by: William Cassara On: October 6th, 2016 If you have just received a letter of reprimand from a commanding general or another commander, you will not have much time to respond. However, in my opinion it is important that you do.  You can ask the commander for an extension in the time he or she … Read more

A deposition is “out-of-court testimony of a witness under oath in response to questions by the parties,” which is reduced to writing or videotape to be used later in either an Article 32 hearing or during a court-martial.  Rules for Courts-Martial (R.C.M.) 702.  Depositions are rarely conducted and used in courts-martial.  Depositions are ordered by … Read more

Right to Silence Right to talk to a lawyer Right to terminate or stop an interrogation Right to leave the interrogation Right to say “No” to a request for permission to search 1. Are you a military member (active, Reserve, Guard, discharged, or retired) who is under investigation, suspicion, or prosecution? Or, do you suspect … Read more

Appeals from the Board for Correction of Military (or Naval) Records are generally filed in federal court. It is important to know that a petition must be filed in federal court within six years of when the service member was released from active duty. This time period applies even if you have not yet received … Read more