In United States v. Gilpin, the sexual assault conviction is reversed by the Navy-Marine Corps Court of Criminal Appeals (CCA). According to the CCA’s review, the conviction was based primarily on testimonies from the alleged victim, which were deemed “factually insufficient.” The victim claimed they had been unconscious due to heavy intoxication while the accused sexually assaulted them, … Read more
The National Defense Authorization Act for Fiscal Year 2020 (NDAA FY20) was recently unveiled by Congress, passed, and signed by President Trump. The NDAA outlines how Congress intends to “raise and support” the military for the next fiscal year, setting budget guidelines and expectations. The NDAA also introduces new military justice provisions for further legislative … 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
The Air Force Court of Criminal Appeals (AFCCA) has affirmed that it is sometimes possible and necessary to bring a retired service member before court-martial for judgement and penalties relating to pending criminal accusations. To some, the decision contradicts the purpose and intent of court-martial, which is meant to exclude civilians from its jurisdiction. However, with the … Read more
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
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
In a surprising decision that will send shockwaves throughout the military criminal justice system, the Navy-Marine Corps Court of Criminal Appeals (NMCCA) has held that it is unconstitutional to use Uniform Code of Military Justice (UCMJ) Article 2 to court-martial a retired service member. Within Article 2, it specifically says that court-martial jurisdiction applies to “retired members of … Read more
LAWTON, OK, July 25, 2019, Joseph L. Jordan, JD, has been included in Marquis Who’s Who. As in all Marquis Who’s Who biographical volumes, individuals profiled are selected on the basis of current reference value. Factors such as position, noteworthy accomplishments, visibility, and prominence in a field are all taken into account during the selection … 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
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
