MILITARY LAW BLOG

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RECENT 5TH CIRCUIT RULING ON WHEN HOT PURSUIT STOPS AND PROBABLE CAUSE STARTS

While there are many differences between civilian courts and military courts, both share one thing in common: in the case of appeals, when clarification is needed, federal court decisions hold sway and make final determinations. Examining a number of recent rulings, one can identify trends in these federal rulings and how they continue to guide … Read more

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NEW BILL PUSHES FOR MILITARY SEX OFFENDER DATABASE

Congress is continuing its crack-down on the military’s approach to handling sexual abuse cases. Last Thursday, a new bill was introduced to the House of Representatives to create a new Department of Defense database that would provide local police departments and communities with information on military sex offenders returning home. The bill is sponsored by … Read more

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“GOOD SOLDIER” DEFENSE NOW BARRED FROM MILITARY COURT

Once a criminal trial begins in civilian court, facts concerning the incident in question are of the utmost importance and there is little opportunity assert the character of the accused. However, in military court, the opposite often proved true and the military service record– submitted as proof of outstanding character– was a critical piece of … Read more

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JUNIOR OFFICER BLACK MARKS WILL NO LONGER BE MASKED

Since 1997, it has been Army policy that junior officer evaluations would be sealed from boards reviewing captains and chief warrant officers for further promotion. This long-standing policy has now been reversed and all promotion boards will have access to all junior officer records and evaluations. The policy will also stand for school and command … Read more

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ARTICLE 32 HEARINGS NOW CONSIDERED “PRELIMINARY HEARINGS”

December 26th, 2014 saw a number of new laws come about that brought sweeping changes to certain military justice procedures, specifically Article 32 hearings. The changes were enacted mostly due to a perceived hostile environment in these hearings, especially for cross-examined victims of alleged sexual assault. Seeking to change this, the President and Congress have passed a … Read more

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WHAT IS A SUMMARY COURT MARTIAL?

Depending on the type of incident in question, there are a few ways that an accused military member can be court-martialed. One of those ways is through a summary court martial. A summary court martial is provided for those who are facing minor incidents or conduct charges. It allows for a simplified procedure to be … Read more

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SOME MARINES TO BE DISCHARGED BEFORE HOLIDAY SEASON

Some Marines may get an early Christmas present this year, coming in the form of early release from active duty. On November 4 th, it was posted in a Marine administrative message that Marines that are scheduled to separate from active duty between December 15 th and January 5 th and are usually granted leave for the holiday season can … Read more

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DRILL SERGEANT COURT-MARTIALED FOR SEXUAL MISCONDUCT

One of the hot-button topics concerning the military has been cases of sexual assault and preventing these incidents in the future. The latest studies even suggest that occurrences of sexual assault against military members are more prevalent than previously thought. Another such story made headlines recently, as a Fort Leonard drill sergeant is being court-martialed … Read more

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ALLEGED AIR FORCE ACADEMY SEXUAL ASSAULT VICTIM RELUCTANT TO TESTIFY

A recent Air Force Academy hearing resulted in an alleged victim stating that the accused was their friend and they did not want to see them on trial. The accused is a third-year Air Force Academy cadet that has been charged with sexual assault and abusive sexual contact. The cadet further faces a charge of … Read more

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THREE SOLDIERS CHARGED WITH HUMAN SMUGGLING

What happens when a person commits a crime for the potential betterment of another person? The recent influx of immigrants along the border of Mexico is associated with gang-related violence in South America, and many women, children, and families are seeking asylum and protection from these conditions. Recently, three American soldiers were arrested on charges … Read more

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MILITARY MISHANDLED CHILD SEXUAL ASSAULT CASES

A recent report has found that the military’s investigations into child sexual abuse allegations were improperly done and contained deficiencies. Ten cases were suggested to be reopened to correct the faults found in the investigations. REPORT REVEALS COMMON CASE DEFICIENCIES The Inspector General of the United States Department of Defense released a report in September … Read more

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CAN I GET A DISCHARGE UPGRADE?

A veteran may seek to upgrade their military discharge for several reasons. Whether you are seeking to clear your name and restore your honor or want to obtain the VA benefits you feel are rightfully yours, there are several options available to you. WHICH BOARD SHOULD I APPLY TO? In order to have your discharge … Read more