EI INCUMBIT PROBATIO QUI DICIT.

Blog Posts in Military Criminal Defense

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  • Court-Martial for Retirees Under UCMJ Article 2 is Unconstitutional, Rules NMCCA
    Court-Martial for Retirees Under UCMJ Article 2 is Unconstitutional, Rules NMCCA

    In a surprising decision that will send shockwaves throughout the military criminal justice system , the Navy-Marine Corps Court of Criminal Appeals (NMCCA) has held that it is unconstitutional to use ...

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  • CAAF Approves Rehearing for U.S. v. Frost Child Sexual Assault Case
    CAAF Approves Rehearing for U.S. v. Frost Child Sexual Assault Case

    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 ...

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  • Army Court of Criminal Appeals Affirms Bergdahl’s Sentencing for Desertion
    Army Court of Criminal Appeals Affirms Bergdahl’s Sentencing for Desertion

    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 ...

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  • CAAF Decides U.S. v. Coleman & Reaffirms Definition of Multiplicity
    CAAF Decides U.S. v. Coleman & Reaffirms Definition of Multiplicity

    The United States Court of Appeals for the Armed Forces (CAAF) recently submitted a unanimous decision to conclude the case of U.S. v. Coleman . The decision itself weighs not just on that particular ...

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  • Gallagher Acquitted of Most War Crime Charges After Prosecutorial Tampering
    Gallagher Acquitted of Most War Crime Charges After Prosecutorial Tampering

    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 ...

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  • CAAF Decides Argument Over Conflicting Article 134 & MCM Charge Descriptions
    CAAF Decides Argument Over Conflicting Article 134 & MCM Charge Descriptions

    A 3-2 divided Court of Appeals for the Armed Forces (CAAF) recently decided the case of U.S. v. Gleason , finding that an accused cannot be charged with a novel specification under Article 134 of the ...

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