MILITARY LAW BLOG
4TH AMENDMENT VIOLATION CAUSES REVERSAL OF US V. DARNELL
The Court of Appeals for the Armed Forces (CAAF) has reversed the ruling of the Navy-Marine Corps Court of Criminal Appeals (CCA) that originally upheld a conviction in United States v. Darnall. The CAAF found no substantial evidence for Darnall to have ever been detained and questioned by investigators, which poses a direct violation of the … Read more
NMCCA HOLDS CONSTITUTION CAN’T REQUIRE PRODUCTION OF PRIVILEGED RECORDS BUT, THERE ARE OTHER REMEDIES!
A three-judge panel of the Navy-Marine Corp CCA (NMCCA) just granted an alleged victim’s petition for a writ of mandamus in J.M. v. Payton-O’Brien and Ravenscraft. The petition reversed the military judge’s ruling that ordered the disclosure of parts of her mental health records to the defense. The military judge’s decision was based on the excised … Read more
ARMY CCA CONFUSES ISSUE OF PATIENT CONFIDENTIALITY FURTHER
In a confusing move, a three-judge panel of the Army CCA granted a petition for a writ of mandamus for an alleged victim under Article 6B, which reversed a military judge’s ruling that ordered the alleged victim’s mental health records be produced for an in camera review (when a hearing is held before the judge in private … Read more
DISHONESTY LED TO MISTRIAL IN UNITED STATES V. COMMISSO
In the Army case of United States v. Commisso, the United States Court of Appeals for the Armed Forces (CAAF) found the military judge abused his discretion when he denied a post-trial motion for mistrial based on dishonest answers from three members during voir dire (a preliminary examination of a witness or a juror by a … Read more
CAAF REVERSES US V. BRANTLEY, CALLING FOR REVIEW IN LIGHT OF US V. SAGER
The Court of Appeals for the Armed Forces (CAAF) has summarily reversed the United State Army Court of Criminal Appeals (ACCA) decision regarding United States v. Brantley. The reversal was based upon confused legal definitions and languages brought forth and maintained by the prosecution during trial procedures. Defendant Mitchell L. Brantley was accused of allegedly touching … Read more
U.S. V. REESE CHARGES REVERSED BY CAAF AFTER MAJOR CHANGE GOES UNADDRESSED
The Court of Appeals for the Armed Forces (CAAF) has dismissed two charges in United States v. Reese, a military law case originating from the Coast Guard. The first charge was dismissed on the grounds that it was caused by “an improper major change” during trial proceedings. The second charge was dismissed after the CAAF determined … Read more
CONFLICTS OF INTERESTS IN U.S. V. HALE CAUSE CONVICTION REVERSAL
The Navy-Marine Corps Criminal Court of Appeals (NMCCA) has reversed multiple serious crime convictions, including rape and kidnapping, following a thorough review of United States v. Hale. The reversal of these convictions has also halted a 26-year confinement sentencing. After it was found that there was significant conflicts of interests among three parties in the case, … Read more
UNLAWFUL COMMAND INFLUENCE MEANS A NEW TRIAL IN U.S. V. BOYCE
On Monday, May 22, 2017, a divided court finally came to the conclusion that the conduct of senior Air Force officials created an appearance of unlawful command influence (UCI) in the case of United States v. Boyd. The court also did not find prejudice to Boyce, concluding that any disinterested observer would doubt the fairness of … Read more
REVERSAL OF U.S. V. HENDRIX CONVICTION
In the Army case of United States v. Hendrix, the court initially decided to convict Specialist (E-4) Austin L. Hendrix of one specification of sexual abuse of a child. However, The U.S. Court of Appeals for the Armed Forces (CAAF) concluded a voice lineup was so flawed it rendered the result meaningless. The admission of evidence … Read more
NEW ACCA DECISION – MRE 513 (LK V. ACOSTA & RPI SFC SANCHEZ)
The United States Army Court of Criminal Appeals (ACCA) has recently reviewed Military Rule of Evidence (MRE) 513 and how it relates to petitions for extraordinary relief in the nature of a writ of mandamus. The review began after it was argued that MRE 513 did not provide military judges adequate instruction when determining if … Read more
A THIRD FACA COMMITTEE CREATED OVERSEE MILITARY JUSTICE REGARDING SEX CRIMES
The Federal Advisory Committee Act (FACA) has added a third committee to its number of federal advisory groups, the Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces (DAC-IPAD). This new committee was created in an effort to respond to the number of sexual assault allegations from various members … Read more
MRE 414 IN CHILD MOLESTATION CASES & HOW IT IMPACTED U.S. V. FETROW
In the average criminal defense case, one can expect that the defendant will be tried based only on evidence pertinent to the crime immediately in question. That is to say, for example, someone being tried for an alleged theft would not expect the prosecution to bring forth evidence of an entirely separate alleged theft crime … Read more