MILITARY LAW BLOG
WHEN HOUSEBREAKING DOESN’T REQUIRE WALLS OR CEILINGS
Today, our military criminal defense attorney takes a look at a recent case with a seemingly strange assertion (and the appeal that repaired it). This past Friday, Army Specialist (E-4) Nathan Wilson successfully appealed a ruling that declared him guilty of housebreaking in 2013. The decision concludes a long process to undo an earlier judicial … Read more
CHELSEA MANNING TO BE RELEASED 28 YEARS EARLY
Whistle-blowing is a nickname for a legal case where an employee or citizen reports on the illegal activities of a superior. Whistleblowers are usually granted immunity from prosecution or retaliation for whistleblowing-some may even receive a monetary reward for acting on behalf of the American people. For instance, if an adjuster reports Medicaid fraud on … Read more
CAAF TO CONSIDER HOW 4TH AMENDMENT APPLIES TO COMPUTER SEARCHES
The Court of Appeals for the Armed Forces (CAAF) granted review of issues posed by United States v. Richards. CAAF will consider how the particularity requirement presented in the Fourth Amendment applies to computer searches. As technology has become increasingly integrated into our daily lives, the court’s decision is poised to have a significant impact on … Read more
BERGDAHL PROSECUTORS BARRED FROM USING WOUNDS
In what was a significant ruling in the trial of Army Sgt. Bowe Bergdahl, the prosecution has been barred from using the wounds dealt to service members while searching for him as evidence in the case. Army Col. Jeffrey Nance, serving as the judge in the case, wrote that there is “ample” evidence supporting the … Read more
BERGDAHL “RESPONSIBLE FOR CERTAIN AMOUNT” OF DANGEROUS MISSIONS
Army Col. Jeffery Nance, the judge in the case of Sgt. Bowe Bergdahl, said this week that Bergdahl does bear some responsibility for the dangerous search missions that were launched in the wake of his 2009 disappearance. Nance’s language, however, seemed to indicate that Army prosecutors may have a limited scope in which incidents they … Read more
ARMY COURT OF CRIMINAL APPEALS RE-EXAMINES HILLS DECISION
Earlier this year, we wrote about the United States v. Hills decision—an impactful United States Court of Appeals for the Armed Forces determination that prior criminal charges could not be used under Mil. R. Evid. 413 to prove a defendant’s propensity for sexual crimes. Now, this month, the Army Court of Criminal Appeals has further defined the … Read more
FEDERAL COURT VACATES MARINE DISCHARGE IN CONTROVERSIAL CASE
A federal judge has determined that the Department of the Navy erred when it honorably discharged Major Jason Brezler in a controversial case of mishandling classified information. U.S. District Judge Joseph F. Bianco determined this week that while Brezler broke security protocol when he emailed colleagues in Afghanistan to warn them of an attack, the … Read more
UNDERSTANDING “SEXTORTION” IN THE MILITARY
“Sextortion” is the name that investigators have been a particular type of cyber-crime that a growing number of U.S. military servicemembers has fallen victim to. Essentially, sextortion is a form of extortion that occurs after two parties have consensually shared sexually explicit photos or video via electronic means. Below, we take a closer look at … Read more
JSC CLARIFIES ARTICLE 134 DEFINITIONS, DISJUNCTIVES
The Joint Service Committee on Military Justice (JSC) has released new supplementary material for the Manual for Courts-Martial (MCM) that could have a significant effect on Article 134 trials. The new publication dictates how certain sexual offenses should be considered and recorded in court. For example, the new material clarifies how the Article 134 offense … Read more
HOW DOES TRUMP’S ELECTION AFFECT THE BERGDAHL CASE?
Out on the campaign trail, Donald Trump singled out Sgt. Bowe Bergdahl numerous times as a “traitor” who deserved severe punishment for his alleged cooperation with Taliban forces during his five-year captivity. While those charges haven’t been proven, Bergdahl’s case has been a hot-button topic for much of the public who believe his 2009 disappearance … Read more
SENATOR MCCAIN’S COMMENTS DID NOT INFLUENCE BERGDAHL CASE
This week, Army Col. Jeffery Nance ruled that prior comments from Senator John McCain did not influence the decision to prosecute Sgt. Bowe Bergdahl for his 2009 disappearance from a remote Army base in Afghanistan. The decision comes following Bergdahl’s lawyers’ assertion that there has been institutional pressure and bias to charge Bergdahl after his … Read more
ARMY APPEALS COURT MAKES CONTROVERSIAL EVIDENCE RULING
If you do not deny a criminal accusation in a private conversation, does that mean you could be admitting to your own guilt? According to the US Army Court of Criminal Appeals (CCA), it can. In a controversial new ruling, the three-judge panel determined that Mil. R. Evid. 304(a)(2) does not necessarily protect accused individuals … Read more