The Uniform Code of Military Justice (UCMJ) provides military commanders with a tool for maintaining discipline, and gives them the authority to impose non-judicial punishment (NJP) under Article 15 for minor offenses. Article 15 hearings, as they are known in the Air Force and Army, are also known as Captain’s Mast in the Coast Guard and Navy, and … Read more
The United States Court of Appeals for the Armed Forces (CAAF) has decided to reverse the outcome of the Army child sexual assault case of U.S. v. Frost and authorize a rehearing. During the case, the defense asserted that the alleged child victim had been improperly influenced by her mother into testifying against Frost. It was argued … Read more
The Army Court of Criminal Appeals (CCA) recently affirmed the sentencing of Private First Class Bergdahl, who was charged with “desertion with the intent to shirk important service and avoid hazardous duty” and “misbehavior before the enemy” in 2015. The desertion case was unique and reached headlines in that President Trump tweeted to the masses his … Read more
In September 2018, the United States Court of Appeals for the Armed Forces (CAAF) reversed the 2015 sexual assault conviction in the Navy case of U.S. v. Barry. At the time, the reason for the reversal as well as the steps to follow in order to complete it seemed questionably and overly complicated. However, the situation only continues … Read more
There are so many things to talk about regarding alcohol. Quite a few of my cases root issues stem directly from too much alcohol. Sleeping behind the steering wheel after you have had too much to drink is a terrible idea. You might think that you are doing the right thing, getting in your car, … Read more
The Uniform Code of Military Justice (UCMJ) has noticeably changed its views on military crimes of a violent nature. President Trump has recently approved and signed the annual defense authorization act, which has made domestic violence its own separate criminal violation with a specific statute describing the crime and potential penalties. In the past, domestic violence conducted … Read more
The Navy-Marine Corps Court of Criminal Appeals (CCA) recently deemed Colonel Wilson’s child sex abuse conviction to be factually insufficient, with a focus on inconsistent testimonies from the six-year-old child who alleged the abuse. Not only did the CCA question the validity of the conviction, but it did so with multi-thousand-word opinion piece rarely seen before in … Read more
Navy Officer Gallagher avoided nearly all charges in his war crimes case, which was complicated by prosecutorial tampering. Although the prosecution’s unusual attempts to spy on the defense was not directly cited in the ruling, it still carries implications for future similar cases. GALLAGHER CONCLUDES WITH ONLY ONE CONVICTION Edward Gallagher of the U.S. Navy … Read more
The military criminal defense case of Navy SEAL and Special Operations Chief Edward Gallagher has been complicated from the start. He stands accused of multiple charges surrounding the death of an Islamic State prisoner in 2017, including charges of premeditated murder, aggravated assault, wrongful use of controlled substances, and more. The case, however, got even cloudier recently when Gallagher’s … Read more
The Air Force Academy has made a significant rule change in order to encourage service members to report incidents of sexual assault from other airmen and airwomen. In specific, “collateral” misconduct violations and their related penalties will not be filed against someone who comes forward with a sexual assault allegation. Underage drinking, fraternization, and recreational drug use are all … Read more