The Court of Appeals for the Armed Forces (CAAF) ruled to reaffirm the Navy-Marine Corps Court of Criminal Appeals (CCA) decision of United States v. Rosario. The case ended in a conviction and sentencing of a sexual harassment charge, despite that conviction being based on the same allegations that led to the acquittal of three counts … Read more
In United States v. Langhorne, military investigators admitted to monitoring the defendant’s phone calls to learn his Facebook account name and password. After obtaining the private information, the investigators logged into account to get transcripts of conversations, including some that reportedly outlined a plot to hire a professional hitman. The groundwork of the investigation and the … Read more
The Preemption Doctrine of military law and the Uniform Code of Military Justice (UCMJ) acts as a limitation to Article 134, UCMJ. The first clause of the Preemption Doctrine states that Article 134 does not have the authority to prohibit actions that are “already prohibited by Congress in UCMJ articles 78 and 80-132.” United States v. … Read more
SAN ANTONIO — Seven military training Instructors at Joint Base San Antonio – Lackland accused of having inappropriate relationships with trainees are defending themselves in court. The story has garnered national headlines and rocked the Air Force. The Article 32 Investigation (similar to a preliminary court hearing in civilian court) got under way at Lackland. Staff Sgt. … Read more
Few are familiar with the court-martial process, even when they have been in the military for many years. This can become a problem when a member of the military is accused of a crime and is facing a court-martial. What do you do? Where do you turn for help? Joseph L. Jordan, Attorney at Law … Read more
Lt. Col. Joseph “Jay” Morse made a name for himself as the top sexual assault prosecutor in the U.S. Army – until he himself was accused of sexual assault. The Army is currently investigating the allegation that has been made against Morse, who is currently suspended while the investigation is under way. The allegation was … Read more
On Monday, May 22, 2017, a divided court finally came to the conclusion that the conduct of senior Air Force officials created an appearance of unlawful command influence (UCI) in the case of United States v. Boyd. The court also did not find prejudice to Boyce, concluding that any disinterested observer would doubt the fairness of … Read more
A recent press release issued by the White House has announced that President Trump has given clemency to two military service members and a rank restoration to another. Army First Lieutenant Clint Lorance and Army Major Mathew Golsteyn were each given an Executive Grant of Clemency (Full Pardon) for their unrelated military criminal cases. Special Warfare Operator First … Read more
In the recent decision of United States v. Perkins, originating from the United States Marine Corps, the U.S. Court of Appeals for the Armed Forces (CAAF) has realigned how criminal evidence can and cannot be suppressed if it is collected due to an unlawful search or seizure of a suspect’s property. The decision has drawn immediate … Read more
Any service member who has been accused of committing a crime has the right to retain a court martial attorney. Rather than facing your punishment hearing alone, face your reprimand hearing with a trusted attorney by your side. This can make a great deal of difference in your case. Not all court martial attorneys are … Read more