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
More charges have been brought forward in the tragic homicide case of a navy petty officer stationed in Germany. A solider is facing trial on October 14, 2014 on charges of making a false official statement and helping to conceal a crime. The soldier is a known friend of an Air Force staff sergeant who … Read more
The Court of Appeals for the Armed Forces (CAAF) has reversed the ruling of the Navy-Marine Corps Court of Criminal Appeals (CCA) that originally upheld a conviction in United States v. Darnall. The CAAF found no substantial evidence for Darnall to have ever been detained and questioned by investigators, which poses a direct violation of the … Read more
Last month, the United States Court of Appeals for the Armed Forces made its final ruling on United States v. Jacob L. Pease, Information Systems Technician Second Class, United States Navy. Pease was initially accused and convicted of three specifications of sexual assault and one charge of abusive sexual contact but, upon appeal, those verdicts … 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 Fifth Circuit Court of Appeals recently ruled on a very sensitive Fourth Amendment matter in the case of United States v. Montgomery, in which the court considered a claim of illegal search and seizure. The federal judges provided an incisive interpretation of these constitutional rights and offered invaluable insight for both civilian and military … Read more
The Uniform Code of Military Justice (UCMJ) provides military commanders with a tool for maintaining discipline, and gives them the authority to impose non-judicial punishment (NJP) under Article 15 for minor offenses. Article 15 hearings, as they are known in the Air Force and Army, are also known as Captain’s Mast in the Coast Guard and Navy, and … 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
The Army Court of Criminal Appeals (CCA) recently affirmed the sentencing of Private First Class Bergdahl, who was charged with “desertion with the intent to shirk important service and avoid hazardous duty” and “misbehavior before the enemy” in 2015. The desertion case was unique and reached headlines in that President Trump tweeted to the masses his … Read more
In September 2018, the United States Court of Appeals for the Armed Forces (CAAF) reversed the 2015 sexual assault conviction in the Navy case of U.S. v. Barry. At the time, the reason for the reversal as well as the steps to follow in order to complete it seemed questionably and overly complicated. However, the situation only continues … Read more