APPEALS RULING LIMITS COURT JURISDICTION OVER ALLEGED VICTIM’S PETITION

The United States Court of Appeals for the Armed Forces (CAAF) has ruled that it has no jurisdiction to review a petition from an alleged victim pertaining to Article 6b(e). The decision comes with EV v. United States & Martinez, in which an alleged victim, EV, tried to prevent her mental health records from being … Read more

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CAN I GET A DISCHARGE UPGRADE?

A veteran may seek to upgrade their military discharge for several reasons. Whether you are seeking to clear your name and restore your honor or want to obtain the VA benefits you feel are rightfully yours, there are several options available to you. WHICH BOARD SHOULD I APPLY TO? In order to have your discharge … Read more

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BERGDAHL DEFENSE TEAM WINS CLASSIFIED DOCUMENTS APPEAL

Court-martial proceedings for Sgt. Bowe Bergdahl have been halted over a question of his legal team’s access to classified documents for weeks now. In a decision handed down last week, however, The United States Army Court of Criminal Appeals ruled in Bergdahl’s lawyers’ favor, saying that the legal team should have access to classified documents … Read more

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APPELLATE COURT DECISION DEFINES INTERROGATION PROTECTIONS FOR SOLDIERS

The United States Court of Appeals for the Armed Forces recently ruled in a critical matter of constitutional rights and statutory provisions regarding remaining silent during interrogations. The decision, United States v. Evans, will likely affect numerous cases going forward in regards to defendants claiming self-incrimination and due process violations. THE CHARGES AGAINST FIRST LIEUTENANT … Read more

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U.S. V. MUWWAKKIL: MISSING EVIDENCE LEADS TO CASE CONTROVERSY

United States v. Muwwakkil represents a particularly interesting military defense case, in that an entire piece of evidence was stricken from the record due to the government’s negligence, and yet the case was permitted to carry on as normal. The controversy of the case begins after an alleged rape victim provides an oral testimony to investigators. … Read more

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ARMY TO ENFORCE NEW RETENTION DIRECTIVES OCTOBER 1

The U.S. Army has announced a new directive that will lower the threshold for Soldier force-outs (or separations). As Army Times reports, starting October 1, Soldiers with poor performance or misconduct issues and non-commissioned officers (NCOs) in abundant military occupational specialty (MOS) positions will face new rules if they want to continue serving. NEW “BAR TO … Read more

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CAAF REVERSES US V. BRANTLEY, CALLING FOR REVIEW IN LIGHT OF US V. SAGER

The Court of Appeals for the Armed Forces (CAAF) has summarily reversed the United State Army Court of Criminal Appeals (ACCA) decision regarding United States v. Brantley. The reversal was based upon confused legal definitions and languages brought forth and maintained by the prosecution during trial procedures. Defendant Mitchell L. Brantley was accused of allegedly touching … Read more

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DISHONESTY LED TO MISTRIAL IN UNITED STATES V. COMMISSO

In the Army case of United States v. Commisso, the United States Court of Appeals for the Armed Forces (CAAF) found the military judge abused his discretion when he denied a post-trial motion for mistrial based on dishonest answers from three members during voir dire (a preliminary examination of a witness or a juror by a … Read more

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A THIRD FACA COMMITTEE CREATED OVERSEE MILITARY JUSTICE REGARDING SEX CRIMES

The Federal Advisory Committee Act (FACA) has added a third committee to its number of federal advisory groups, the Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces (DAC-IPAD). This new committee was created in an effort to respond to the number of sexual assault allegations from various members … Read more

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PENTAGON FIRES BACK AGAINST MILITARY SEXUAL ASSAULT CONCERNS

Last month, New York Senator Kirsten Gillibrand made it known she would continue to pursue military justice reform to better prosecute cases involving sexual assault. Now, as The Hill reports, the Pentagon has issued a letter to the Senator’s office countering her claims and insisting that her grasp on the latest military sexual assault data is … Read more

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