In January 2016, Senior Airman Harrington was at a party with several individuals. SSgt FC, LB, and TSgt KW were at the party as well. The group played several drinking games, including an “adult” version of Jenga. The game required individuals to perform tasks, such as removing articles of clothing or taking “body shots” from … Read more
When the Government wants to introduce a confession made by a servicemember at court-martial, it has to satisfy the requirements of Military Rule of Evidence 304. The confession must be voluntary and every essential fact in the confession must be corroborated, or supported, by independent evidence. This rule exists to make sure that individuals are … Read more
On 7 September 2017, the Army Court of Criminal Appeals upended decades of appellate military justice practice without any warning to the Defense Appellate Division, the Government Appellate Division, and the civilian appellate defense counsel who regularly practice and appear before that Court. In United States v. Tovar-Chavez, the Army Court has now decided that … Read more
On 14 June 2017, the Court of Appeals for the Armed Forces overturned and dismissed two offenses for one of our Coast Guard clients. The CAAF decision about whether an amendment to a specification was a minor or major change overruled YEARS of precedent for all the military courts of criminal appeals. Because of our … Read more
On 31 May 2017, in United States v. Hale, the Navy-Marine Corps Court of Criminal Appeals (NMCCA) reversed the findings and sentence in a marine court-martial based on severe conflicts of interest found between the lead defense counsel and the lead prosecutor. A rehearing was authorized. In this case, appellant was convicted of serious offenses … Read more