MILITARY LAW BLOG
PRESIDENT TRUMP TO USE U.S. MILITARY & FEDERAL ACT TO OUST ILLEGAL IMMIGRANTS AT BORDER
It is no secret that the situation at any border center in America right now is tense. The Department of Homeland Security (DHS) and Immigrations and Customs Enforcement (ICE) are accused daily of mishandling the influx of undocumented immigrants and asylum seekers. On the other hand, many politicians are feeling the pressure for not doing … Read more
HOW TO AVOID THE MINEFIELDS OF MILITARY JUSTICE, ISSUE 3
There are so many things to talk about regarding alcohol. Quite a few of my cases root issues stem directly from too much alcohol. Sleeping behind the steering wheel after you have had too much to drink is a terrible idea. You might think that you are doing the right thing, getting in your car, … Read more
SPY SOFTWARE ALLEGEDLY USED ON SEAL’S DEFENSE TEAM BY MILITARY PROSECUTORS
The military criminal defense case of Navy SEAL and Special Operations Chief Edward Gallagher has been complicated from the start. He stands accused of multiple charges surrounding the death of an Islamic State prisoner in 2017, including charges of premeditated murder, aggravated assault, wrongful use of controlled substances, and more. The case, however, got even cloudier recently when Gallagher’s … Read more
AIRMAN CONVICTED OF OBSCENE COMMUNICATIONS, CAAF AFFIRMS 1ST AMENDMENT NOT VIOLATED
The Court of Appeals for the Armed Forces (CAAF) recently decided upon the Air Force case of U.S. v. Meakin, in which the defendant was convicted of “conduct unbecoming an officer and a gentleman” – as described in UCMJ Article 133 – carried out through online interactions. He had been sentenced to extensive confinement, total forfeitures, … Read more
HOW TO AVOID THE MINEFIELDS OF MILITARY JUSTICE – ISSUE 2 – ALCOHOL – HAVE A PLAN
ALCOHOL – HAVE A PLAN Alcohol seems to be the root of all evils in the military. Is it though? I don’t know. There are always those individuals who just can’t handle their liquor. Alcohol permeates all military social functions. Grogs, shot contests, and bars are all commonplace for dining outs, military balls, retirements, and … Read more
TRUMP PARDONS ARMY RANGER CONVICTED OF MURDERING IRAQI DETAINEE
President Donald Trump has recently pardoned former Army lieutenant Michael Behenna, who was serving a 25-year sentence for a conviction of unpremeditated murder in a combat zone originating from a 2008 incident. Behenna was only five years into his sentence when he received this pardon, or clemency, technically. Throughout his case, Behenna claimed he was … Read more
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HOW TO AVOID THE MINEFIELDS OF MILITARY JUSTICE ISSUE 1 – ARTICLE 31B
ARTICLE 31B – COMPULSORY SELF-INCRIMINATION PROHIBITED For some odd reason, when young Servicemembers come under investigation, they feel they need to talk. I guess it’s not odd. It is the military. Integrity is everything. Integrity is drilled into the minds of all young Servicemembers during their basic training. I went to basic training in 1998. … Read more
CAAF MAKES IT EASIER FOR CRIMINAL EVIDENCE TO BE TAKEN IN UNLAWFUL SEARCHES & SEIZURES
In the recent decision of United States v. Perkins, originating from the United States Marine Corps, the U.S. Court of Appeals for the Armed Forces (CAAF) has realigned how criminal evidence can and cannot be suppressed if it is collected due to an unlawful search or seizure of a suspect’s property. The decision has drawn immediate … Read more
SEXUAL ASSAULT INVOLVING NONCONSENSUAL SEXUAL ACTIVITY IS A GENERAL INTENT CRIME, U.S. V. MCDONALD
The United States Court of Appeals for the Armed Forces (CAAF) recently decided United States v. McDonald, an Army case involving a service member accused of sexual assault. The case’s conclusion is noteworthy among military criminal cases in that it has decided that sexual assault that involves nonconsensual sexual activity that causes physical harm can be viewed as a … Read more
2006 RAPE CHARGE STATUTE OF LIMITATIONS AMENDMENT NOT RETROACTIVE, CAAF DECIDES
United States v. Briggs was concluded by the Court of Appeals for the Armed Forces (CAAF) recently, ending in a reversal of the appellant’s rape conviction and a dismissal of the charge. The CAAF reached this decision in part by referencing United States v. Mangahas, which established that a 2006 amendment to rape charge statute of limitations was not … Read more
CAAF USES NON-UCMJ REGULATED CONDUCT AS EVIDENCE IN UCMJ VIOLATION CASE
The Air Force case of United States v. Hale has been decided by the U.S. Court of Appeals for the Armed Forces (CAAF) in a decision that could bring heavy implications to military criminal justice as a whole. Within U.S. v. Hale, the CAAF used evidence of conduct not regulated by the Uniform Code of Military Justice … Read more
RETIRED MILITARY SERVICE MEMBERS & COURT-MARTIAL CASES
When a military service member decides to end their military career, they can either separate from the military altogether or, more commonly, retire. For as long as a retired service member is collecting retirement pay and benefits from the military, though, they can be held under court-martial jurisdiction. Furthermore, they can be recalled back to active … Read more