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

Court of Appeals

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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How can I upgrade my military disability rating?

military disability

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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Will my court-martial automatically be appealed to the appellate courts?

In many circumstances, a court-martial case will be automatically reviewed by the appropriate service Court of Criminal Appeals (CCA). There is an Army CCA, Air Force CCA, Navy-Marine CCA and a Coast Guard CCA. Article 66 of the UCMJ dictates which court-martial cases will be automatically heard by the service courts of criminal appeals. Currently, […]

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Air Force Court of Criminal Appeals gives appellant an entire year off of his confinement because the Air Force missed a hearing.

In 2014, in United States v. Katso, the Air Force Court of Criminal Appeals (AFCCA) reversed an appellant’s convictions of aggravated sexual assault, burglary, and unlawful entry, for which the appellant was sentenced to confinement for ten years, total forfeitures, and a dishonorable discharge. The reversal was based on the AFCCA’s finding that a DNA […]

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Can an incomplete and unfiled written reprimand be used against me in my court-martial?

Today on November 28, 2017, the Court of Appeals for the Armed Forces (CAAF) is set to review this very issue in United States v. Jerkins. In this case, Army Major Jerkins was convicted of assault consummated by a battery upon a child after hitting his three-year-old step-son with a belt. Following his conviction, MAJ […]

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Newly Announced Department of Defense Guidelines

On August 25, 2017, the Department of Defense announced clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military Records for Veterans who petition for either an upgrade or a correction to their discharges based on mental health conditions, such as PTSD and TBI, that existed at the time of discharge […]

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Navy-Marine Court of Criminal Appeals holds that victim’s right to not be excluded from an Article 32 hearing has limits.

Recently, in A.M. v. United States and Densford, the Navy-Marine Corps Court of Criminal Appeals (NMCCA) reviewed a claim from an alleged sexual assault victim that she was excluded from parts of the preliminary Article 32 hearing in violation of Article 6b of the UCMJ. Under Article 6b(a)(3), the alleged victim of a UCMJ offense […]

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