Rule of Court Martial (R.C.M.) 914 has been coined by many as the “military Jencks Act” in that it requires complete witness statements, reports, and testimonies to be provided upon request after the same witness testifies in court-martial. The purpose of R.C.M. 914 is to allow the opposing party – commonly the defense – to get … Read more
In an interesting development in the Army case of U.S. v. Lewis, the Court of Appeals for the Armed Forces (CAAF) has decided to affirm the Army Court of Criminal Appeal’s (CCA) partial reversal of a lower court’s suppression ruling. Specifically, one out of three suppressed statements from the defendant has lost the suppression ruling’s protection … Read more
The United States Court of Appeals for the Armed Forces (CAAF) has presented its decision for United States v Kelly. The CAAF’s opinion has held that a Court of Criminal Appeals (CCA) has the legal ability to disapprove a mandatory minimum punitive discharge when the penalty would be “inappropriately severe.” The decision has creates the potential … Read more
The United States Court of Appeals for the Armed Forces (CAAF) recently submitted a unanimous decision to conclude the case of U.S. v. Coleman. The decision itself weighs not just on that particular case, but also on many other military criminal justice cases since it directly addressed the question of multiplicity. The CAAF held that Coleman’s case had … Read more
The United States Court of Appeals for the Armed Forces (CAAF) has decided to reverse the outcome of the Army child sexual assault case of U.S. v. Frost and authorize a rehearing. During the case, the defense asserted that the alleged child victim had been improperly influenced by her mother into testifying against Frost. It was argued … Read more
As a result of U.S. v. Tovarchavez’s conclusion, the Court of Appeals for the Armed Forces (CAAF) has held that any and all constitutional errors must be reviewed for harmlessness, even if those errors were once preserved by the plain error standard or forfeited without objection. If the error is not found to be “harmless beyond … Read more
The Court of Appeals for the Armed Forces (CAAF) recently decided upon the Air Force case of U.S. v. Meakin, in which the defendant was convicted of “conduct unbecoming an officer and a gentleman” — as described in UCMJ Article 133 — carried out through online interactions. He had been sentenced to extensive confinement, total forfeitures, … Read more
Investigating officers are appointed under the provisions of Army Regulation (AR) 15-6 to conduct timely, thorough, and legally sound inquiries. AR 15-6 investigations are specifically designed to be informal, though some provisions are also applicable to formal investigations. For the purposes of this guide, only informal investigations will be discussed. Who Can Serve as an … Read more
Over this past weekend, to the outrage of many, rumors spread that Navy Lt. Commander Timothy White would face weapons charges due to his role in the Chattanooga shooting last month. White, who allegedly fired back at the perpetrator in that attack, would have needed to carry a personal firearm into the facility to do … Read more
The military has stood as a unique entity for centuries, with its own rules, regulations, and even a distinct court system. But why? While the idea of having a separate court for service members might appear unnecessary at first, understanding its historical underpinning, current relevance, and future importance paints a clear picture. Are you a … Read more