Can a Retired Service Member Be Court Martialed?
Retirement does not always end a service member’s exposure to the Uniform Code of Military Justice. For some categories of retirees, court martial jurisdiction continues, and it has been used. Where the Jurisdiction Comes From This is the part that surprises people. Jurisdiction here does not turn on whether someone still wears a uniform. It […]
UNIFORM CODE OF MILITARY JUSTICE UPDATES, EFFECTIVE JANUARY 1ST, 2019
Ninth Circuit Upholds Dismissal of a Discovery Order Challenge Filed by an Alleged Victim
The Ninth Circuit affirmed the dismissal of a civil action brought by an alleged victim who sought to prevent the release of her mental health records in a pending court martial. The case is E.V. v. Robinson, 906 F.3d 1082 (9th Cir. 2018). Key Details of the Case A woman identified in the record as […]
Defending Against a False Accusation of Sexual Assault
An accusation of sexual assault reaches a service member long before a court martial does. Security clearance review, a no contact order, removal from a duty position, and a flag on favorable personnel actions can all follow within days. That is the part of the process where most of the damage is done, and it […]
U.S. V. BARRY CONVICTION REVERSAL RAISES QUESTIONS ABOUT UNDUE INFLUENCE
UCMJ UPDATE MAKES DOMESTIC VIOLENCE A SEPARATE CRIMINAL VIOLATION UNDER MILITARY LAW
AIR FORCE ACADEMY ENCOURAGES REPORTED SEXUAL ASSAULT BY REMOVING VICTIM “PUNISHMENTS”
CAAF DECISION GIVES CCA POWER TO DISAPPROVE MANDATORY MINIMUM PUNITIVE DISCHARGE
CAAF APPROVES REVIEW OF ARTICLE 2(A)(3) & RESERVE JURISDICTION PROBLEM
U.S. V. SCHLOFF AUTHORIZED REVERSED CONVICTION AFTER UNLAWFUL COMMAND INFLUENCE JEOPARDIZES FINDINGS