In the Army case of United States v. Hendrix, the court initially decided to convict Specialist (E-4) Austin L. Hendrix of one specification of sexual abuse of a child. However, The U.S. Court of Appeals for the Armed Forces (CAAF) concluded a voice lineup was so flawed it rendered the result meaningless. The admission of evidence … Read more
Under the UCMJ, there are three possible types of courts martial that can be convened. The determination on what type is convened is based upon the rank of the accused as well as the type of criminal offense involved. As with civilian court, the accused must be proven guilty beyond a reasonable doubt, but military court has an … Read more
A three-judge panel of the Navy-Marine Corp CCA (NMCCA) just granted an alleged victim’s petition for a writ of mandamus in J.M. v. Payton-O’Brien and Ravenscraft. The petition reversed the military judge’s ruling that ordered the disclosure of parts of her mental health records to the defense. The military judge’s decision was based on the excised … Read more
Senators Kirsten Gillibrand of New York and Barbara Boxer of California are pressuring the Army due to its apparent handling of the case of Private Jameson T. Hazelbower. While accused of child rape, Hazelbower went AWOL from the 101st Airborne Division at Fort Campbell, KY and was not pursued by the Army, but incidentally apprehended … Read more
A reservist of the United States Armed Forces must still comply with the Uniform Code of Military Justice (UCMJ), as long as they are performing a duty that directly coincides with their reservist status. Within Article 2(a)(3), a court-martial jurisdiction’s power is further limited to reservists on inactive-duty training, or to Army National Guard and … Read more
In Cook v. United States, a panel of three judges representing the Air Force Criminal Court of Appeals (CCA) has chosen to permit a new trial based on the discovery of new evidence that could change everything. Master Sergeant Cook pleaded not guilty to sexual assault but was convicted all the same after trial by court-martial. He was penalized … Read more
The Court of Appeals for the Armed Forces (CAAF) ruled to reaffirm the Navy-Marine Corps Court of Criminal Appeals (CCA) decision of United States v. Rosario. The case ended in a conviction and sentencing of a sexual harassment charge, despite that conviction being based on the same allegations that led to the acquittal of three counts … Read more
In United States v. Langhorne, military investigators admitted to monitoring the defendant’s phone calls to learn his Facebook account name and password. After obtaining the private information, the investigators logged into account to get transcripts of conversations, including some that reportedly outlined a plot to hire a professional hitman. The groundwork of the investigation and the … Read more
The Preemption Doctrine of military law and the Uniform Code of Military Justice (UCMJ) acts as a limitation to Article 134, UCMJ. The first clause of the Preemption Doctrine states that Article 134 does not have the authority to prohibit actions that are “already prohibited by Congress in UCMJ articles 78 and 80-132.” United States v. … Read more
SAN ANTONIO — Seven military training Instructors at Joint Base San Antonio – Lackland accused of having inappropriate relationships with trainees are defending themselves in court. The story has garnered national headlines and rocked the Air Force. The Article 32 Investigation (similar to a preliminary court hearing in civilian court) got under way at Lackland. Staff Sgt. … Read more