EI INCUMBIT PROBATIO QUI DICIT.

Blog Posts in 2018

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  • CAAF Decision Gives CCA Power to Disapprove Mandatory Minimum Punitive Discharge
    CAAF Decision Gives CCA Power to Disapprove Mandatory Minimum Punitive Discharge

    The United States Court of Appeals for the Armed Forces (CAAF) has presented its decision for United States v Kelly . The CAAF’s opinion has held that a Court of Criminal Appeals (CCA) has the legal ...

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  • CAAF Approves Review of Article 2(a)(3) & Reserve Jurisdiction Problem
    CAAF Approves Review of Article 2(a)(3) & Reserve Jurisdiction Problem

    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 ...

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  • U.S. v. Schloff Authorized Reversed Conviction After Unlawful Command Influence Jeopardizes Findings
    U.S. v. Schloff Authorized Reversed Conviction After Unlawful Command Influence Jeopardizes Findings

    In United States v. Schloff , 74 M.J. 312 ( CAAF 2015 ), the Court of Appeals for the Armed Forces (CAAF) maintained the definitions of sexual contact in military criminal justice settings. In ...

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  • Preemption Doctrine is Newly Limited by CAAF in U.S. v Wheeler
    Preemption Doctrine is Newly Limited by CAAF in U.S. v Wheeler

    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 ...

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  • CAAF Reviews Rape Penalties, Maintains Statute of Limitations is 5 Years
    CAAF Reviews Rape Penalties, Maintains Statute of Limitations is 5 Years

    The United States Court of Appeals for the Armed Forces (CAAF) has maintained that the statute of limitations on rape of an adult charges , without any aggravating factors, is set at five years. The ...

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  • Investigators Access Suspect Account After Eavesdropping, CCA Upholds Action
    Investigators Access Suspect Account After Eavesdropping, CCA Upholds Action

    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 ...

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