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 … Read more
We represented an Army CW3 who received a GOMOR for allegedly failing to show up for work during COVID 19 and achieved a great result for our client.
We are thrilled to report that The Judge Advocate General (TJAG) of the Army reversed the conviction of a client of ours after a long wait based on our UCMJ Article 69 appeal. Our client, a senior NCO and a Special Forces recruiter was acquitted of larceny of military property. However, he was wrongly convicted … Read more
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 … Read more
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 … Read more
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 … Read more
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 … Read more
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, … Read more
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 … Read more
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 … Read more