EI INCUMBIT PROBATIO QUI DICIT.

Blog Posts in 2020

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  • Military Judge’s Relationship Grounds for Court-Martial Reversal
    Military Judge’s Relationship Grounds for Court-Martial Reversal

    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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  • NMCCA Reverses Decision Regarding Court-Martial Jurisdiction of Fleet Reservists
    NMCCA Reverses Decision Regarding Court-Martial Jurisdiction of Fleet Reservists

    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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  • Panel Releases Report Addressing Issues in JAG Community
    Panel Releases Report Addressing Issues in JAG Community

    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
    Army CCA Says Underage Drinking Not Defined as Punitive

    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”
    Navy-Marine CCA Reverses Sexual Assault Conviction Due to “Factual Insufficiency”

    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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