MILITARY LAW BLOG
RETIRED SERVICE MEMBERS ARE STILL SERVICE MEMBERS, SAYS NMCCA
The Navy-Marine Corps Court of Criminal Appeals (NMCCA) has reaffirmed through a recent ruling that a military service member never truly retires from the Armed Forces. Through its comments on United States v. Dinger, the NMCCA holds that retirement is a status change, not a removal from military service. With this statement made and upheld, it … Read more
MARINE CORPS SOCIAL MEDIA POLICY PAINTS CYBERBULLYING AS ILLEGAL
Cyberbullying has recently been elevated from a frowned-upon behavior to a crime in the eyes of the United States Marine Corps. The military branch has updated its social media policy to consider online threats, harassment, and discrimination as a crime that falls under the category of “failure to obey an order or regulation.” The change … Read more
SURVEY SAYS SEXUAL ASSAULT & MISCONDUCT UP AT NAVY, ARMY ACADEMIES
An anonymous survey reviewed by The Associated Press has uncovered that sexual assault and sexual misconduct reports increased at both the Navy and Army Academies in 2016, compared to a similar report from 2015. The survey’s results suggest an uphill climb for several new programs that were instituted at Academies in recent years to stem sexual assault incidents. The Marines United online … Read more
PROHIBITED ONLINE MISCONDUCT AMONG ARMY MEMBERS CAN BE PENALIZED
The United States Army has recently released a policy update to encourage the professionalization of online conduct and the telling of “the Army Story.” The update applies only to the Army and all of its branches – no other branches of the military, such as the Navy or Airforce, are affected – and effectively allows disciplinary, criminal, … Read more
NEW TRIAL GRANTED TO AIR FORCE MEMBER AFTER FAVORABLE EVIDENCE APPEARS
In Cook v. United States, a panel of three judges representing the Air Force Criminal Court of Appeals (CCA) has chosen to permit a new trial based on the discovery of new evidence that could change everything. Master Sergeant Cook pleaded not guilty to sexual assault but was convicted all the same after trial by court-martial. He was penalized … Read more
MARINE CORPS CONTROVERSY IGNITES AFTER NUDE PICS OF FEMALE MARINES ARE LEAKED
The United States Marine Corps (USMC) has found itself in the center of a scandal after it was recently revealed that male Marines had been sharing nude and private photographs, videos, and other imagery of female Marines. Using a Facebook subgroup named Marines United, the illicit files were uploaded and shared to whomever was on … Read more
ACQUITTAL DOESN’T RULE OUT ALL FACTS, AFFIRMS U.S. V. ROSARIO
The Court of Appeals for the Armed Forces (CAAF) ruled to reaffirm the Navy-Marine Corps Court of Criminal Appeals (CCA) decision of United States v. Rosario. The case ended in a conviction and sentencing of a sexual harassment charge, despite that conviction being based on the same allegations that led to the acquittal of three counts … Read more
LACK OF PROBABLE CAUSE REVERSES GUILTY PLEA IN U.S. V. NIETO
The Court of Appeals for the Armed Forces (CAAF) decided the appeal motion for United States v. Nieto recently. The case regarded a military investigator’s search authority and whether or not it could be based entirely on an investigator’s experience, specifically an investigator’s experience with how people generally use their portable electronic devices. The CAAF ruled that … Read more
MILITARY JUDGE CALLS TRUMP’S COMMENTS ON BERGDAHL “DISTURBING”
The Bergdahl desertion case is currently up-in-the-air after the former-Sergeant Bergdahl’s defense attorneys argued a fair trial was now impossible due to repeated statements from Donald Trump that labeled their client as a “traitor”. During a pretrial hearing in mid-February 2017, the defense showed a five-minute video compilation of all the times the now-POTUS defamed … Read more
U.S. V. MUWWAKKIL: MISSING EVIDENCE LEADS TO CASE CONTROVERSY
United States v. Muwwakkil represents a particularly interesting military defense case, in that an entire piece of evidence was stricken from the record due to the government’s negligence, and yet the case was permitted to carry on as normal. The controversy of the case begins after an alleged rape victim provides an oral testimony to investigators. … Read more
U.S. V. BOWEN REHEARING AUTHORIZED DUE TO USE OF “EXCITED UTTERANCE” PROOF
The Court of Appeals for the Armed Forces (CAAF) has concluded that United States v. Bowen was decided incorrectly due to the presiding judge’s abuse of discretion and erroneous judgement. Airman First Class Bowen will be granted a rehearing after being convicted of assault and aggravated assault, primarily due to an “excited utterance” given by one of … Read more
BERGDAHL’S DEFENSE ATTORNEYS: TRUMP COMMENTS MAKE FAIR TRIAL IMPOSSIBLE
Military prosecutors have promised to provide Bowe Bergdahl a fair trial after he was charged with desertion during a tour in Afghanistan. Concerns over the ability to grant Bergdahl an unbiased trial arose during President Donald Trump’s election campaign after the then-Presidential-nominee labeled him as a “traitor”. Bergdahl has even gone as far as claiming … Read more