MILITARY LAW BLOG
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 particular, it held sexual contact described in Article 120(g)(2) can be defined by body-to-body contact and/or object-to-body contact. Perhaps more importantly, though, it and the Army Criminal … Read more
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 does not have the authority to prohibit actions that are “already prohibited by Congress in UCMJ articles 78 and 80-132.” United States v. … Read more
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 CAAF reached its unanimous conclusion after reviewing the potential penalties for such rape charges. Since rape fitting the charge definitions cannot be … Read more
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 investigators logged into account to get transcripts of conversations, including some that reportedly outlined a plot to hire a professional hitman. The groundwork of the investigation and the … Read more
ARMY CCA REVERSES CONVICTION BROUGHT BY UNJUST CELLPHONE SEARCH & SEIZURE
The United States Army Court of Criminal Appeals (CCA) has contradicted a lower court’s decision to deny an evidence suppression motion put forth by the defense. In a sexual misconduct case that accused Private First Class Morales of multiple Article 120 and Article 120c violations, the defense argued a search of the defendant’s cellphone was unjustified because the investigators … Read more
MORE BRASS & SENIOR CIVILIANS ACCUSED OF SEXUAL MISBEHAVIOR THAN EVER
Pentagon officials have recently reported that complaints filed against military brass – or commissioned officers – and senior civilian officials for sexual misconduct are on a noticeable rise. Between the years of 2015 and 2017, the reports spiked a total of 13%, or up to a total of 803. It has been noted that the increase in … Read more
WHIDBEY CREW IN TROUBLE AFTER AIRCRAFT PRANK
On November 16, 2017, residents in Okanogan, Washington, looked up to see a giant phallus sketched in the blue autumn sky. It was left there by the Navy crew of the EA-18G Growler, based at Whidbey Island Naval Air Station, and Navy superiors are not impressed. According to a statement released by the Navy the … Read more
FORT HOOD, 13 SOLDIERS ARRESTED AFTER 16-HOUR PROSTITUTION STING
The McLennan County Sheriff’s Department and the Bell County Sheriff’s Department Special Crimes Unit have recently reported the arrests of 20 male individuals, including 13 active-duty soldiers posted at Fort Cavazos (Fort Hood), following a lengthy prostitution sting operation. While an official claimed that the arrests would help the local community by penalizing “predators,” the … Read more
ARMY MOVES TO COURT-MARTIAL A RETIRED GENERAL OFFICER
Over the weekend, an Article 32 preliminary hearing was held to consider allegations of rape of a child by retired Army Major General James J. Grazioplene. The retired general is accused of committing rape on six different occasions between 1983 and 1989 while he was stationed in the United States and Germany. This move isn’t … Read more
DRILL SERGEANTS AT FORT BENNING SUSPENDING FOR SUSPECTED SEXUAL ASSAULT
A female trainee at Fort Moore (Fort Benning) in western Georgia has accused a drill sergeant of sexual assault. In response, the Army’s Criminal Investigation Command and the Maneuver Center of Excellence has begun a criminal investigation. The drill sergeant accused by the trainee and several others have already been suspended until further notice and … Read more
GROSS GOVERNMENTAL MISCONDUCT ULTIMATELY HARMLESS IN U.S. V. CLAXTON
In the case of U.S. v. Claxton, Air Force Cadet Stephan H. Claxton was convicted of wrongful sexual contact of one alleged victim, attempted abusive sexual contact and assault consummated by a battery of a second alleged victim, and two specifications of assault consummated by a battery for a physical altercation with two other cadets. The … Read more
AIR FORCE CCA DECISION MAY FORBID USE OF OLD PRESCRIPTION MEDICATION
The Air Force Court of Criminal Appeals (CCA) has recently overruled a decision in United States v. Lancaster that removed punishment from using prescription drugs for any purpose other than the treatment of the illness or injury for which they were originally prescribed by a physician. The new statement labels the previous decision as “erroneous” and “contrary” … Read more