Rule of Court Martial (R.C.M.) 914 has been coined by many as the “military Jencks Act” in that it requires complete witness statements, reports, and testimonies to be provided upon request after the same witness testifies in court-martial. The purpose of R.C.M. 914 is to allow the opposing party – commonly the defense – to get … Read more

In the case of U.S. v. Claxton, Air Force Cadet Stephan H. Claxton was convicted of wrongful sexual contact of one alleged victim, attempted abusive sexual contact and assault consummated by a battery of a second alleged victim, and two specifications of assault consummated by a battery for a physical altercation with two other cadets. The … Read more

The Court of Appeals for the Armed Forces (CAAF) has dismissed two charges in United States v. Reese, a military law case originating from the Coast Guard. The first charge was dismissed on the grounds that it was caused by “an improper major change” during trial proceedings. The second charge was dismissed after the CAAF determined … Read more

It is nearly unheard of for a military officer to stand trial, or even be publically accused of sexual misconduct. Military records over the last few years, however, are now showing that this culture of silence and shielding military leaders from these allegations is slowly eroding. As Stars and Stripes reports, pressure on the military from Washington … Read more

Pandering charges refer to inducing, enticing, or procuring an act of prostitution. Although pandering may seem an inconsequential act, especially in foreign countries where prostitution may be legal or tolerated, it is a serious military crime that poses serious penalties. If you or someone you know is a service member facing allegations for pandering, working with … Read more

The McLennan County Sheriff’s Department and the Bell County Sheriff’s Department Special Crimes Unit have recently reported the arrests of 20 male individuals, including 13 active-duty soldiers posted at Fort Cavazos (Fort Hood), following a lengthy prostitution sting operation. While an official claimed that the arrests would help the local community by penalizing “predators,” the … Read more

The Court of Appeals for the Armed Forces (CAAF) granted review of issues posed by United States v. Richards. CAAF will consider how the particularity requirement presented in the Fourth Amendment applies to computer searches. As technology has become increasingly integrated into our daily lives, the court’s decision is poised to have a significant impact on … Read more

Sgt. Bowe Bergdahl’s defense team has asked that his February court-martial be canceled due to the actions of the head of the Army’s Forces Command. General Robert Abrams—who made the decision to put Bergdahl on trial—has admitted that he chose not to review the materials submitted by Bergdahl’s lawyers last October because they were not … Read more

In the average criminal defense case, one can expect that the defendant will be tried based only on evidence pertinent to the crime immediately in question. That is to say, for example, someone being tried for an alleged theft would not expect the prosecution to bring forth evidence of an entirely separate alleged theft crime … Read more

Another recent decision from the United States Court of Appeals for the Armed Forces has confronted the difficulties inherent to defining consent in sexual assault cases and resulted in the reversal of a guilty verdict. Critical to the case, The United States v. Rogers, was an uncorrected bias by a court-martial panel member that the appellate … Read more