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
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
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
In a new landmark decision, the United States Court of Appeals for the Armed Forces (CAAF) has struck down a certain use of an evidence rule to show an accused’s alleged propensity for sexual assault. The decision, United States v. Hills, is sure to affect countless cases going forward and even comments on growing, troubling trends … Read more
The United States Court of Appeals for the Armed Forces (CAAF) has ruled that it has no jurisdiction to review a petition from an alleged victim pertaining to Article 6b(e). The decision comes with EV v. United States & Martinez, in which an alleged victim, EV, tried to prevent her mental health records from being … Read more
A recent ruling from the United States Army Court of Criminal Appeals illustrates just how important due process should be during court-martial procedure. In United States v. Castillejo, the case of one Soldier convicted of sexual assault and abusive sexual contact, the court’s three-judge panel has called for a rehearing for an evidence mistake by the … Read more
In a controversial new decision, the U.S. Supreme Court has ruled that evidence collected by police during illegal stops can still be admissible in court if there are outstanding warrants. As the New York Times reports, the 5-3 split decision has drawn concern from advocates all over the country and inspired a dissenting opinion Justice Sonia … Read more
In a new advisory memorandum, the Navy has clarified when medical care providers should alert commanders of indications of misconduct from an active duty member. The notice comes following what has been recognized as “understandable confusion” on what to do with evidence of patient misconduct that is discovered during the course of providing medical treatment. … Read more
While calls for military justice reform have been common over the last few years, they’ve often come from lawmakers, advocates, journalists, attorneys, and other outsiders. When it comes to actual military members and leaders, it’s hard to gauge how recognized the need for reform really is by the people who are actually subject to our … Read more
The United States Court of Appeals for the Armed Forces recently ruled in a critical matter of constitutional rights and statutory provisions regarding remaining silent during interrogations. The decision, United States v. Evans, will likely affect numerous cases going forward in regards to defendants claiming self-incrimination and due process violations. THE CHARGES AGAINST FIRST LIEUTENANT … Read more
