MILITARY LAW BLOG
MILITARY COURT: MANDATORY MINIMUMS APPLY TO ATTEMPTED SEX OFFENSES
In a recent ruling, The United States Navy-Marine Corps Court of Criminal Appeals (NMCCA) has rectified contradictory language between the Manual for Courts-Martial and Article 56. In United States v. Henegar, the court has decided that the language provided in Article 56 wins out and that those convicted of attempted sexual offenses are subject to the mandatory … Read more
NEW BILL COULD PREVENT MILITARY PTSD/TBI DISCHARGES
Following reports of military Servicemembers being dishonorably discharged from service for behavior linked to PTSD and TBI, lawmakers have introduced a new bill to give suffering troops the recognition they deserve. As Military Times reports, the new bill, if enacted, could make a PTSD or TBI diagnosis a legitimate rebuttal to a bad discharge. Last week, a … Read more
KANSAS TO ALLOW MILITARY SPOUSES TO PRACTICE LAW
Last week, the Kansas Supreme Court adopted a new rule that will allow military spouses practice law in Kansas even if they have not passed the state’s bar exam. The rule is aimed at alleviating the hardship of some military families stationed in Kansas who are unable to earn a living due to restrictions of … Read more
SECOND PSYCHIATRIST REQUESTED IN BERGDAHL CASE
Another motion has been filed by Sgt. Bowe Bergdahl’s defense team. This time, the lawyers are asking that they be granted their own forensic psychiatrist to level the playing field with the prosecution– which already is already benefiting from the experiencedise of its own psychiatrist. As Stars and Stripes reports, the motion filed earlier this week requests … Read more
BERGDAHL DEFENSE TEAM TAKES ISSUE WITH DEFENSE REVIEW
Sgt. Bowe Bergdahl’s defense team has asked that his February court-martial be canceled due to the actions of the head of the Army’s Forces Command. General Robert Abrams—who made the decision to put Bergdahl on trial—has admitted that he chose not to review the materials submitted by Bergdahl’s lawyers last October because they were not … Read more
CAAF RULES ON MARINE’S BIBLE VERSE CASE
Last year, this blog reported on the case of Lance Corporal Monifa Sterling, a Marine who was court-maritaled on several charges stemming from conflicts between her and her superior officers. Of those charges, one of them posed a particular question of religious freedom while on duty. Now, the United States Court of Appeals for the … Read more
NEW PROPENSITY DECISION ALREADY PRODUCING NEW CASE REVIEWS
Earlier this year, the United States Army Court of Criminal Appeals (CAAF) made an unexpected decision rejecting the use of Military Evidence Rule 413. That decision, which ruled against the use of “propensity” evidence in sexual assault cases, has already resulted in multiple remanded cases that will now receive further review—likely to the benefit of … Read more
CCA EXTENDS PSYCHOTHERAPIST-PATIENT PRIVILEGE
In an unexpected decision, the United States Coast Guard Court of Criminal Appeals (CCA) has provided an extension of the psychotherapist-patient privilege. In the court’s published order, the majority has ruled that diagnoses, prescriptions, conclusions, treatments, and other key pieces of information can remain protected as part of the psychotherapist-patient privilege under Mil. R. Evid. … Read more
NMCCA ENFORCES OLD CORROBORATION RULE IN SEXUAL ASSAULT CASE
Earlier this year, significant changes were made to the Manual for Courts-Martial. One of the most notable of those changes was the relaxation of corroboration requirements for the admission of evidence against a defendant. Recently, the government appealed a judge’s decision to omit key defendant admissions due to an apparent lack of corroborating evidence. Due … Read more
BERGDAHL DEFENSE TEAM GRANTED CRITICAL EMAIL ACCESS
Sgt. Bowe Bergdahl’s defense team won a critical pre-trial victory earlier this month by gaining access to high commander emails. As Stars and Stripes reports, Col. Jeffery Nance has ordered that prosecutors hand over emails from specific commanders who could have been in contact with Congress at the time that it was decided to charge Bergdahl with … Read more
CAAF REJECTS FOURTH AMENDMENT ISSUE IN CANINE CASE
The United States Court of Appeals for the Armed Forces (CAAF) has made a unanimous decision to uphold the conviction of a Navy lieutenant charged with possession of marijuana and drug paraphernalia. In United States v. Harrell, the defendant had argued that her Fourth Amendment rights against illegal search and seizure had been violated during a … Read more
HIGH MILITARY COURT SPLIT ON HUMAN LIE DETECTOR ISSUE
In a dramatic split decision, the United States Court of Appeals for the Armed Forces (CAAF) has ruled that the presence of “human lie detector” testimony in a court-martial is not necessarily enough to overturn the conviction of the accused. The powerful dissenting voices in the slip opinion, however, believe that significant errors were made in … Read more