Military Law Blog

NMCCA Reverses Decision Regarding Court-Martial Jurisdiction of Fleet Reservists February 4, 2020

In a not so surprising turn, the en banc Navy-Marine Corps Court of Criminal Appeals (NMCCA) reversed a previous decision that stated that Articles 2(a)(4) and 2(a)(6) violate the due process clause ...

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Military Judge’s Relationship Grounds for Court-Martial Reversal February 4, 2020

The U.S. Army Court of Criminal Appeals (CCA) recently ruled that a military judge’s failure to disqualify himself from a case was grounds to reverse the verdict and authorize a rehearing. It stated ...

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Panel Releases Report Addressing Issues in JAG Community January 20, 2020

Panel Releases Report Addressing Issues in Navy and Marine Corps JAG Communities In August of 2019, Richard Spencer, who at the time was the Secretary of the Navy, ordered a review of the Navy Judge ...

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Army CCA Says Underage Drinking Not Defined as Punitive January 13, 2020

The Army Court of Criminal Appeals (CCA) recently announced that the Army regulation that prohibits underage drinking – AR 600-85, 3-2c – is not punitive. In other words, the regulation may prohibit ...

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Navy-Marine CCA Reverses Sexual Assault Conviction Due to “Factual Insufficiency” January 10, 2020

In United States v. Gilpin , the sexual assault conviction is reversed by the Navy-Marine Corps Court of Criminal Appeals (CCA). According to the CCA’s review, the conviction was based primarily on ...

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National Defense Authorization Act for Fiscal Year 2020 Brings 3 Significant Provisions December 18, 2019

The National Defense Authorization Act for Fiscal Year 2020 (NDAA FY20) was recently unveiled by Congress, passed, and signed by President Trump. The NDAA outlines how Congress intends to “raise and ...

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