MILITARY LAW BLOG
Court of Appeals for the Armed Forces to Reconsider R.C.M. 914
Rule of Court Martial (R.C.M.) 914 has been coined by many as the “military Jencks Act” in that it requires complete witness statements, reports, and testimonies to be provided upon request after the same witness testifies in court-martial. The purpose of R.C.M. 914 is to allow the opposing party – commonly the defense – to get … Read more
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 defense asserted that the alleged child victim had been improperly influenced by her mother into testifying against Frost. It was argued … Read more
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 Uniform Code of Military Justice (UCMJ) Article 2 to court-martial a retired service member. Within Article 2, it specifically says that court-martial jurisdiction applies to “retired members of … Read more
JOSEPH L. JORDAN, JD, RECOGNIZED FOR EXCELLENCE IN MILITARY LAW
LAWTON, OK, July 25, 2019, Joseph L. Jordan, JD, has been included in Marquis Who’s Who. As in all Marquis Who’s Who biographical volumes, individuals profiled are selected on the basis of current reference value. Factors such as position, noteworthy accomplishments, visibility, and prominence in a field are all taken into account during the selection … Read more
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 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
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 case, but also on many other military criminal justice cases since it directly addressed the question of multiplicity. The CAAF held that Coleman’s case had … Read more
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NAVY-MARINE CORPS CCA QUESTIONS VALIDITY OF CONVICTION IN WILSON CHILD SEX CRIME CASE
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
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 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
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 Uniform Code of Military Justice (UCMJ) if the same criminal violation can already be described in the Manual for Courts-Martial (MCM), … Read more
ALL CONSTITUTIONAL ERRORS MUST BE REVIEWED FOR HARMLESSNESS, ACCORDING TO CAAF
As a result of U.S. v. Tovarchavez’s conclusion, the Court of Appeals for the Armed Forces (CAAF) has held that any and all constitutional errors must be reviewed for harmlessness, even if those errors were once preserved by the plain error standard or forfeited without objection. If the error is not found to be “harmless beyond … Read more
GAO WARNS OF GENDER & RACE DISPARITIES IN ARMED FORCES CRIMINAL JUSTICE SYSTEM
Are there disparities based on race, ethnicity, and gender within the military criminal justice system? According to a recent report from the Government Accountability Office (GAO), there might be. Within its extensive report – titled “DoD and the Coast Guard Need to Improve their Capabilities to Assess Racial and Gender Disparities” – that was handed … Read more
SUPPRESSION RULING IN U.S. V. LEWIS REVERSED, CAAF AFFIRMS DECISION
In an interesting development in the Army case of U.S. v. Lewis, the Court of Appeals for the Armed Forces (CAAF) has decided to affirm the Army Court of Criminal Appeal’s (CCA) partial reversal of a lower court’s suppression ruling. Specifically, one out of three suppressed statements from the defendant has lost the suppression ruling’s protection … Read more