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Army Court of Criminal Appeals Affirms Trial Judge’s Decision Excluding Hearsay Statements Made By Alleged Victim and Son

The Army Court of Criminal Appeals (ACCA) recently decided the case of United States v. Henry. The case concerns the Government’s appeal of a military judge’s decision not to allow certain statements made by the alleged victim and her son at trial. Hearsay Rules of evidence generally do not allow parties to introduce hearsay statements …

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Discharge Review

Army Court of Criminal Appeals Rejects Defense Arguments that President Trump’s Comments Unlawfully Influenced Proceedings in Bowe Bergdahl Case

Then-Private First Class Bowe Bergdahl was assigned to a combat outpost in Afghanistan in 2009 when he left the Observation Post in order to walk to a Forward Operating Post and lodge a complaint about the treatment of his platoon at the OP. Bergdahl was quickly captured by the Taliban and held captive until May …

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caaf

CAAF Finds Error in Army Court’s Alteration of Guilty Rape Finding

The Court of Appeals for the Armed Forces (CAAF) issued an opinion in the case of United States v. English this summer that reinforced the limitations on the authority of appellate courts. Specialist English was convicted at court-martial of several specifications resulting from a violent sexual attack on his wife. He was sentenced to 23 …

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Listen to Episode 038: Navy Collisions At Sea And Courts-Martial in Podcasts

Weirick is joined by Hope Hodge Seck, journalist and managing editor at www.Military.com to discuss the courts-martial of Navy officers resulting from the deadly collisions of USS Fitzgerald and USS John S. McCain. Guest: Hope Hodge Seck Twitter: ‪‪‪@HopeSeck Website: www.Military.com Further reading about this case: Podcast support from The Great Courses Plus. For free …

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Court of Appeals

Court of Appeals for the Armed Forces Reaffirms Sexual Assault as a General Intent Crime

In United States v. McDonald, the Court of Appeals for the Armed Forces (CAAF) examined the required mens rea, or criminal intent, necessary for a conviction of sexual assault. PFC McDonald’s roommate invited a woman over to his barracks room. He told her that no one else would be in the room. The woman testified …

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Discharge Upgrade- Civilian Attorney

Mr. Cassara served six years on active duty in the Army JAG Corps and 16 years in the Army JAG Corps reserves.  He served as a prosecutor, defense counsel and as appellate defense counsel.  For more than 30 years, Mr. Cassara has represented service members of all military branches in courts-martial, appeals of court-martial convictions, …

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CAAF Determines that Navy DJAG Improperly Influenced a Rear Admiral in Navy Seal Sexual Assault Case

In early 2014, Senior Chief Barry was charged with two specifications of sexual assault. He eventually went to trial and was convicted of one specification by a military judge. The finding and sentence came up to RADM Lorge, the Commander of Naval Region Southwest-San Diego for action. Although the Rules for Court-Martial governing the case …

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military disability

How can I upgrade my military disability rating?

In recent years, much attention has been paid to the VA health system and disability ratings. However, for servicemembers who leave the military due to injury or illness, the military disability rating can be much more important. Servicemembers who have an injury or illness that keeps them from returning to full duty, known as an …

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