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TRUSTED REPRESENTATION

Military Criminal Defense Attorney at Law

Representing Military Members Across the Globe Facing Military Investigations and Courts-Martial

TRUSTED REPRESENTATION

Military Criminal Defense Attorney at Law

Representing Military Members Across the Globe Facing Military Investigations and Courts-Martial

cta1

I Have Been Accused of
Committing a Military Crime

cta2

I Need Representation for a Military Court Martial

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Joseph Jordan's Blog Series - How to Avoid theMinefields of Military Justice

TRUSTED REPRESENTATION

Military Criminal Defense Attorney at Law

Representing Military Members Across the Globe Facing Military Investigations and Courts-Martial

I Have Been Accused of
Committing a Military Crime

Joseph Jordan's Blog Series -
How to Avoid the
Minefields of Military Justice

I Need Representation for
a Military Court Martial

ATTENTION: WE WILL CONTINUE TO REPRESENT AND ADVISE SERVICE MEMBERS WHILE PROTECTING THE HEALTH AND SAFETY OF OUR STAFF. THE COVID-19 PANDEMIC WILL NOT CEASE OUR INTERNAL OPERATIONS IN REPRESENTING SERVICE MEMBERS REQUIRING MILITARY LEGAL ADVICE AND REPRESENTATION. OUR FIRM IS UNIQUELY POSTURED TO CONTINUE TO MEET THIS MISSION. OUR ATTORNEY AND STAFF WORK FROM REMOTE OFFICES HANDLING CASES ALL OVER THE GLOBE. THIS GUARANTEES THAT WE REMAIN 100% OPERATIONAL TO FIGHT FOR YOU. PLEASE DON’T HESITATE TO CONTACT US REGARDING YOUR MILITARY LEGAL ISSUE.OUR THOUGHTS AND PRAYERS ARE WITH EVERYONE AFFECTED BY THE CORONAVIRUS OUTBREAK, PARTICULARLY THOSE ON THE FRONT LINES HELPING TO BATTLE THIS DISEASE.

Joseph L. Jordan Represents

Military Members

Depending on the act for which a military member was arrested, disciplinary actions may vary. Commonly, less serious military crimes are handled through a non-judicial process, such as an Article 15 hearing, captain's mast, or office hours. More serious crimes, such as violent crimes of rape, murder, or assault, are required to be tried in a court martial process. Anyone involved in these types of disciplinary actions should be represented by the trusted military defense attorney from our firm. Contact us today to learn more about how we'll fight for you!

Joseph L. Jordan,
Attorney at Law

Overview of Joseph L. Jordan

Joseph L. Jordan Represents

Military Members

Joseph L. Jordan,
Attorney at Law

Overview of Joseph L. Jordan

Depending on the act for which a military member was arrested, disciplinary actions may vary. Commonly, less serious military crimes are handled through a non-judicial process, such as an Article 15 hearing, captain's mast, or office hours. More serious crimes, such as violent crimes of rape, murder, or assault, are required to be tried in a court martial process. Anyone involved in these types of disciplinary actions should be represented by the trusted military defense attorney from our firm. Contact us today to learn more about how we'll fight for you!

We Are Committed to Serving You

Joseph L. Jordan travels around the globe to represent service members in military criminal defense matters.

We Are Committed to Serving You

Joseph L. Jordan travels around the globe to represent service members in military criminal defense matters.

MILITARY CRIMINAL DEFENSE & COURT MARTIAL LAWYER

TRUSTED REPRESENTATION FOR ALL SERVICE MEMBERS

Criminally accused military service members deserve outstanding and aggressive defense from a trusted and highly experienced legal professional. You have protected and defended your country - you deserve to have someone on your side to protect your rights and defend your freedom. Joseph L. Jordan, Attorney at Law is a former service member who proudly stands behind the men and women serving this great country and ensures that they receive the representation that they deserve. If you or a loved one faces any sort of civilian or military criminal matter, you need to immediately retain the legal counsel of our firm.

Founding Attorney Joseph L. Jordan has provided excellent service to our military members for many years. Mr. Jordan prides himself on being direct and relatable to all clients. As a former Army enlisted Soldier, Army combat arms officer, and Army Judge Advocate General's (JAG) Corps officer, he understands the immediate importance of protecting a service member's name, rank, and rights after a criminal accusation. If you are a Soldier, Sailor, Marine, Airman, or Coast Guardsman, you can trust your case to Attorney Jordan!

Joseph L. Jordan's Most Recent Victories

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MILITARY LAWYER WHO SERVED OUR COUNTRY

CONTACT JOSEPH L. JORDAN, AN EXPERT IN THE UCMJ TO GET HIM FIGHTING FOR YOU TODAY.

Prior to becoming an Army Lawyer, Joseph Jordan served as a 92a, (Logistician) in the Army.  He subsequently earned a full ride ROTC scholarship and upon graduating was commissioned in the Air Defense Artillery.  Three years later upon graduating lawschool, Mr. Jordan entered the Army JAG Corps.

Attorney Jordan served as an Army prosecutor in Korea and Fort Hood. His past experience with the Army JAG Corps includes service as a legal assistance attorney, chief of claims, interim chief of justice, operational law attorney, and administrative law attorney. He also previously served as an interim chief of military justice. Attorney Jordan is admitted to practice law in Arkansas. He is also an active member of the Arkansas Bar Association, American Bar Association, Military Law Section of the Texas Bar Association, and the Criminal Law Section of the American Bar Association. Working with Joseph L. Jordan, Attorney at Law can greatly benefit your case. He conducts thorough, independent interviews and works with private investigators to gain an objective understanding of the facts of each case. If you have been arrested or are facing a separation board or discharge from your position, you need to immediately contact our firm and speak with a trusted and highly experienced military defense attorney!

CONTACT US

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Why Hire Us?

Defending Military Crimes

If you're faced with an arrest for a military crime, it's critical to contact us immediately. Joseph L. Jordan, Attorney at Law knows that your career and future might be on the line, and you need an aggressive advocate by your side to help you avoid criminal penalties, discharge, and loss of rank, among other disciplinary actions. Military crimes we work with include rape, aggravated sexual assault, larceny, drug crimes, manslaughter, and attempted murder. No case is too big or too small, so contact us the moment you are arrested or placed under investigation for a serious crime.

Aggressive Defense Against Sexual Assault Charges

Sexual assault charges are nothing to take lightly, and you need an aggressive attorney on your side. Joseph L. Jordan, Attorney at Law has experience defending military members against sex assault charges, including the sexual assault of a minor. The U.S. military takes these charges very seriously, and being wrongfully accused can ruin your military career and make your civilian life very difficult as well. Attorney Jordan is the sexual assault lawyer to contact when your reputation is at stake.

Helping You Fight Manslaughter Charges

Two of the most violent crimes you can be charged with are murder and manslaughter. For that reason, you need to immediately retain the representation of an aggressive and understanding military defense lawyer like Joseph L. Jordan, Attorney at Law. As a former service member and Army JAG officer, Attorney Jordan has an in-depth understanding of the Uniform Code of Military Justice. Our firm will take your case if you have been charged with murder under Article 118 or manslaughter under Article 119. There's no time to wait when you face charges as serious as these. Contact us today so we can get started on your case.

Defending Military Members Against Drug Crimes

We provide defense for drug crimes charges in the military with our aggressive representation for enlisted personnel. The penalties for drug charges can vary based on your ranking, branch, and how superiors choose to reprimand you. Whether you're facing drug charges for possessions of marijuana, cocaine, or large amounts of prescription pills, we can fight for you. These charges could result in being confined without pay or dishonorable discharge. It's imperative to contact Joseph L. Jordan, Attorney at Law immediately if you've been charged with a drug crime in the military.

Contact us today for aggressive help from our military defense attorney!

REAL RESULTS IN REAL LIVES

SEE THE IMPACT ATTORNEY JORDAN HAS HAD ON SERVICE MEMBERS WORLDWIDE

“With their help, I am able to prove that I am an excellent soldier that deserves to stay in the military.”

Ben

“Mr Jordan is the defense attorney you need.”

William

“He is a very professional and reasonable Attorney.”

H.L.

“Nothing but great things to say about Joseph and his team. Do yourself a favor and hire him.”

Anonymous

“Reassuring, Articulate, Knowledgable, Effective”

Captain, US Army

“Best civilian and military defense counsel team”

A Senior Air Force Military Judge

“He is extremely well qualified and knowledgeable – especially with the military legal system.”

E. Howard T.

“It is with great appreciation and respect that I highly recommend Mr. Joseph Jordan.”

Joseph P.

“Mr. Jordan and his team did an outstanding job during my court-martial.”

Cristi Murphy

“I wanna thank you again for all you’ve done.”

Former Client

“We greatly appreciate his capabilities and his genuine concern for our son’s best interest.”

N.L.

“Thank you so much for your dedication, honesty, sincerity and hard work.”

O.J.

“He is meticulous, highly professional, efficient and effective.”

Lovette R.

“Joseph took the bull by horns and single handedly saved my family members career and secured his already upstanding reputation.”

Troy G.

“His tactical approach had a gentleman’s twist to it and it impressed the judge.”

Mike W.

MILITARY LAW BLOG

The Military Justice System: Innocent Until Proven Guilty

By autumn | December 3, 2020

The Air Force made history this November when it charged Maj. Gen. William T. Cooley with sexual assault, making him the first active Air Force general ever to be charged with a crime. He could also become the first Air Force general to face a court martial if the preliminary hearing, scheduled for January 2021, …

The Military Justice System: Innocent Until Proven Guilty Read More »

How a DUI Affects Your Military Career

By autumn | November 30, 2020

Military service members often spend much of their days operating vehicles, aircraft, and vessels. They are expected to control these machines responsibly and safely. Failure to do so could result in a criminal charge. Drinking and driving—whether on base in a military craft or off base in a personal vehicle—is a violation of Article 111 …

How a DUI Affects Your Military Career Read More »

What to Expect: Military Legal Defense in Sexual Assault Cases

By autumn | November 17, 2020

Rape and sexual assault charges can be serious and life-changing for anyone, especially if you’re in the military. You risk losing your career, ranking, allowances, and pay if you are convicted. You may even have to register as a sex offender or end up in prison. Unlike civilians who are tried in civilian court, on-duty …

What to Expect: Military Legal Defense in Sexual Assault Cases Read More »

Incidents at Fort Hood

By autumn | October 30, 2020

2020 has been a year marked by bloodshed and heartache for military service members stationed at Fort Hood Army Base in the central Texas city of Killeen. A slew of homicides, suicides, fatal accidents, and criminal activities has left family members, friends, and residents of the base feeling shocked and baffled. Fort Hood is home …

Incidents at Fort Hood Read More »

Understanding the MINOR Act

By autumn | October 16, 2020

If a juvenile commits sexual assault against another minor on a military installation, who has the jurisdiction to prosecute? The federal government has exclusive legislative jurisdiction on many military installations because these are considered federal properties. As a result, local prosecutors lack the legal authority to apply state juvenile delinquency laws to minors living on …

Understanding the MINOR Act Read More »

NATO SOFA Agreement: between the Parties to the North Atlantic Treaty regarding the Status of their Forces

By autumn | September 30, 2020

Understanding the Foreign Military Investigation Process Overseas deployment can be an opportunity to sightsee while abroad. If you’re stationed in a friendly country, you may decide to take leave and travel for a bit. However, as soon as you step foot off the military installation, you could be subject to the jurisdiction of a foreign …

NATO SOFA Agreement: between the Parties to the North Atlantic Treaty regarding the Status of their Forces Read More »

Understanding Manslaughter Charges

By autumn | September 18, 2020

When serving on the front lines, military servicemen and women may face the difficult responsibility of killing enemy soldiers on the battlefield. This type of killing is lawful because it is done against a hostile force during a war. However, when done without legal justification or excuse, killing a fellow human being is against the …

Understanding Manslaughter Charges Read More »

FAQs About Special Court Martial

By autumn | September 7, 2020

Have you been arrested for committing a crime while serving in the military? If so, you are subject to military law, also known as the Uniform Code of Military Justice, or UCMJ. Depending on the severity of the allegations, you may now be facing a court martial. Don’t go it alone! With representation from an …

FAQs About Special Court Martial Read More »

What are the Different Types of Administrative Investigations?

By autumn | September 1, 2020

In the military, Commanding Officers and Generals are tasked with maintaining good order and discipline within their ranks. If a service member has allegedly participated in an unlawful incident or event, administrative investigations are a useful tool that commanders and Judge Advocate General (JAG) officers can use to discover the facts regarding the service member’s …

What are the Different Types of Administrative Investigations? Read More »

FAQs About Courts Martial

By autumn | August 3, 2020

Have you or a loved one been accused of or charged with a crime while serving in the military? If so, you may now be facing a criminal hearing called a court martial. These proceedings are conducted under military law, also known as the Uniform Code of Military Justice, or UCMJ. Because military law differs …

FAQs About Courts Martial Read More »

CBD in the Military

By autumn | July 24, 2020

Have you noticed that hemp-derived products, including cannabidiol (CBD), are becoming increasingly ubiquitous across the country? You can now find hemp products ranging from coffee additives and vaping liquids to supplements and candies to ointments and creams. Many product labels claim that CBD is a pain reliever and sleep aid, able to treat numerous ailments …

CBD in the Military Read More »

What Will a Drug Charge Do to Your Military Career?

By autumn | June 30, 2020

A drug charge is a serious offense for anyone, but if you’re in the military, the sentence may be especially harsh. After all, military service members are held to a high standard and may be punished severely if found guilty. If you recently tested positive for illegal drugs or have been implicated in the possession …

What Will a Drug Charge Do to Your Military Career? Read More »

Understanding the Court Martial Process

By autumn | June 17, 2020

If you are a military service member who has been accused of or arrested for a crime, you may now be facing a court martial. These criminal proceedings are reserved for members of the military. As such, military law applies, not the federal criminal code. While the two are similar—including the fact that the accused …

Understanding the Court Martial Process Read More »

How Our Team Can Assist with a Discharge Upgrade

By autumn | May 29, 2020

The general public is familiar with only two types of military discharges: Honorable and Dishonorable. However, there are many others, which may be punitive or administrative in nature, related to medical conditions, or for the convenience of the government. Your discharge may matter very little to a civilian employer, but your eligibility for state and …

How Our Team Can Assist with a Discharge Upgrade Read More »

Could the Former Captain of the USS Theodore Roosevelt Face Charges?

By autumn | May 15, 2020

The Navy’s top admiral, Mike Gilday, will soon decide the fate of Navy Captain Brett Crozier, the former commanding officer of the aircraft carrier USS Theodore Roosevelt. Then-acting Navy Secretary, Thomas Modly, fired Crozier on April 2 after Crozier emailed more than 20 people outside his chain of command explaining the dire situation regarding his …

Could the Former Captain of the USS Theodore Roosevelt Face Charges? Read More »

Court room with American flag in the corner

Non-Unanimous Jury Verdicts Are Still Allowed in Courts-Martial Cases

By autumn | April 30, 2020

Americans place a strong emphasis on their constitutional rights and the importance of a fair legal system. In 48 states and federal court, the vote from a single juror to acquit a defendant is enough to prevent a conviction. But in Louisiana and Oregon, people have been punished on a 10-to-2 or 11-to-1 verdict since …

Non-Unanimous Jury Verdicts Are Still Allowed in Courts-Martial Cases Read More »

Combing through the fine print

Understanding and Defending Against Allegations of Article 120, Sexual Assault

By autumn | April 20, 2020

The Uniform Code of Military Justice (UCMJ) is the military’s code of law. It covers everything from minor infractions to serious felonies. Article 120 relates specifically to sexual misconduct, including sexual contact, assault, and rape. Sex crimes always receive harsh punishments, but the sentence could be even more severe if you are enlisted in the …

Understanding and Defending Against Allegations of Article 120, Sexual Assault Read More »

Judge's gavel with American flag and open book in background

MILITARY JUDGE’S RELATIONSHIP GROUNDS FOR COURT-MARTIAL REVERSAL

By Lakmal | February 4, 2020

The U.S. Army Court of Criminal Appeals (CCA) recently ruled that a military judge’s failure to disqualify himself from a case was grounds to reverse the verdict and authorize a rehearing. It stated that the judge’s inappropriate relationship with the prosecutor’s wife undermined “public confidence in the judiciary and military justice system.” STAFF SERGEANT APPEALS …

MILITARY JUDGE’S RELATIONSHIP GROUNDS FOR COURT-MARTIAL REVERSAL Read More »

NMCCA REVERSES DECISION REGARDING COURT-MARTIAL JURISDICTION OF FLEET RESERVISTS

By Lakmal | February 4, 2020

In a not so surprising turn, the en banc Navy-Marine Corps Court of Criminal Appeals (NMCCA) reversed a previous decision that stated that Articles 2(a)(4) and 2(a)(6) violate the due process clause of the Fifth Amendment. The current ruling finds that the jurisdictional schemes of the Uniform Code of Military Justice (UCMJ) apply differently to Fleet Reservists …

NMCCA REVERSES DECISION REGARDING COURT-MARTIAL JURISDICTION OF FLEET RESERVISTS Read More »

PANEL RELEASES REPORT ADDRESSING ISSUES IN JAG COMMUNITY

By Lakmal | January 20, 2020

PANEL RELEASES REPORT ADDRESSING ISSUES IN NAVY AND MARINE CORPS JAG COMMUNITIES In August of 2019, Richard Spencer, who at the time was the Secretary of the Navy, ordered a review of the Navy Judge Advocate General’s Corps (JAG Corps) and the Marine Corps Judge Advocate (JA) to uncover organizational and procedural issues contributing to …

PANEL RELEASES REPORT ADDRESSING ISSUES IN JAG COMMUNITY Read More »

ARMY CCA SAYS UNDERAGE DRINKING NOT DEFINED AS PUNITIVE

By Lakmal | January 13, 2020

The Army Court of Criminal Appeals (CCA) recently announced that the Army regulation that prohibits underage drinking – AR 600-85, 3-2c – is not punitive. In other words, the regulation may prohibit underaged service members from drinking alcohol, but it does not raise any punitive charges if the regulation is violated. Army CCA judges found …

ARMY CCA SAYS UNDERAGE DRINKING NOT DEFINED AS PUNITIVE Read More »

Judge's gavel with American flag and open book in background

NAVY-MARINE CCA REVERSES SEXUAL ASSAULT CONVICTION DUE TO “FACTUAL INSUFFICIENCY”

By Lakmal | January 10, 2020

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, …

NAVY-MARINE CCA REVERSES SEXUAL ASSAULT CONVICTION DUE TO “FACTUAL INSUFFICIENCY” Read More »

National Defense Authorization Act for Fiscal Year 2020 Brings 3 Significant Provisions

By Lakmal | December 18, 2019

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 …

National Defense Authorization Act for Fiscal Year 2020 Brings 3 Significant Provisions Read More »

Judge's gavel with American flag and open book in background

Mass Arrest Of Marines In Battalion Formation Ruled As Unlawful Command Influence

By Lakmal | December 6, 2019

In July, 16 Marines stationed at Camp Pendleton were arrested while about 800 other military service members joined in a battalion formation. The commanding officer of the battalion asked the Marines to come forward and held a red folder, which is usually used in ceremonies to award service members. Instead of awarding them, though, the …

Mass Arrest Of Marines In Battalion Formation Ruled As Unlawful Command Influence Read More »

Presidential pardons for 1st lt. Lorance & major golsteyn, rank restoration for chief gallagher

By Lakmal | November 21, 2019

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 …

Presidential pardons for 1st lt. Lorance & major golsteyn, rank restoration for chief gallagher Read More »

Court-Martial Jurisdiction Does Apply to Retirees, Says Air Force CCA

By Lakmal | October 11, 2019

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 …

Court-Martial Jurisdiction Does Apply to Retirees, Says Air Force CCA Read More »

Court of Appeals for the Armed Forces to Reconsider R.C.M. 914

By Lakmal | October 10, 2019

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 …

Court of Appeals for the Armed Forces to Reconsider R.C.M. 914 Read More »

Caaf Approves Rehearing For U.s. V. Frost Child Sexual Assault Case

By Lakmal | August 6, 2019

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 …

Caaf Approves Rehearing For U.s. V. Frost Child Sexual Assault Case Read More »

Court-martial For Retirees Under Ucmj Article 2 Is Unconstitutional, Rules Nmcca

By Lakmal | August 6, 2019

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 …

Court-martial For Retirees Under Ucmj Article 2 Is Unconstitutional, Rules Nmcca Read More »

JOSEPH L. JORDAN, JD, RECOGNIZED FOR EXCELLENCE IN MILITARY LAW

By Lakmal | July 29, 2019

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 …

JOSEPH L. JORDAN, JD, RECOGNIZED FOR EXCELLENCE IN MILITARY LAW Read More »

ARMY COURT OF CRIMINAL APPEALS AFFIRMS BERGDAHL’S SENTENCING FOR DESERTION

By Lakmal | July 19, 2019

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 …

ARMY COURT OF CRIMINAL APPEALS AFFIRMS BERGDAHL’S SENTENCING FOR DESERTION Read More »

CAAF DECIDES U.S. V. COLEMAN & REAFFIRMS DEFINITION OF MULTIPLICITY

By Lakmal | July 16, 2019

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 …

CAAF DECIDES U.S. V. COLEMAN & REAFFIRMS DEFINITION OF MULTIPLICITY Read More »

NAVY-MARINE CORPS CCA QUESTIONS VALIDITY OF CONVICTION IN WILSON CHILD SEX CRIME CASE

By Lakmal | July 12, 2019

The Navy-Marine Corps Court of Criminal Appeals (CCA) recently deemed Colonel Wilson’s child sex abuse conviction to be factually insufficient, with a focus on inconsistent testimonies from the six-year-old child who alleged the abuse. Not only did the CCA question the validity of the conviction, but it did so with multi-thousand-word opinion piece rarely seen before in …

NAVY-MARINE CORPS CCA QUESTIONS VALIDITY OF CONVICTION IN WILSON CHILD SEX CRIME CASE Read More »

GALLAGHER ACQUITTED OF MOST WAR CRIME CHARGES AFTER PROSECUTORIAL TAMPERING

By Lakmal | July 12, 2019

Navy Officer Gallagher avoided nearly all charges in his war crimes case, which was complicated by prosecutorial tampering. Although the prosecution’s unusual attempts to spy on the defense was not directly cited in the ruling, it still carries implications for future similar cases. GALLAGHER CONCLUDES WITH ONLY ONE CONVICTION Edward Gallagher of the U.S. Navy …

GALLAGHER ACQUITTED OF MOST WAR CRIME CHARGES AFTER PROSECUTORIAL TAMPERING Read More »

CAAF DECIDES ARGUMENT OVER CONFLICTING ARTICLE 134 & MCM CHARGE DESCRIPTIONS

By Lakmal | June 11, 2019

A 3-2 divided Court of Appeals for the Armed Forces (CAAF) recently decided the case of U.S. v. Gleason, finding that an accused cannot be charged with a novel specification under Article 134 of the Uniform Code of Military Justice (UCMJ) if the same criminal violation can already be described in the Manual for Courts-Martial (MCM), …

CAAF DECIDES ARGUMENT OVER CONFLICTING ARTICLE 134 & MCM CHARGE DESCRIPTIONS Read More »

ALL CONSTITUTIONAL ERRORS MUST BE REVIEWED FOR HARMLESSNESS, ACCORDING TO CAAF

By Lakmal | June 5, 2019

As a result of U.S. v. Tovarchavez’s conclusion, the Court of Appeals for the Armed Forces (CAAF) has held that any and all constitutional errors must be reviewed for harmlessness, even if those errors were once preserved by the plain error standard or forfeited without objection. If the error is not found to be “harmless beyond …

ALL CONSTITUTIONAL ERRORS MUST BE REVIEWED FOR HARMLESSNESS, ACCORDING TO CAAF Read More »

GAO WARNS OF GENDER & RACE DISPARITIES IN ARMED FORCES CRIMINAL JUSTICE SYSTEM

By Lakmal | June 4, 2019

Are there disparities based on race, ethnicity, and gender within the military criminal justice system? According to a recent report from the Government Accountability Office (GAO), there might be. Within its extensive report – titled “DoD and the Coast Guard Need to Improve their Capabilities to Assess Racial and Gender Disparities” – that was handed …

GAO WARNS OF GENDER & RACE DISPARITIES IN ARMED FORCES CRIMINAL JUSTICE SYSTEM Read More »

SUPPRESSION RULING IN U.S. V. LEWIS REVERSED, CAAF AFFIRMS DECISION

By Lakmal | June 3, 2019

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 …

SUPPRESSION RULING IN U.S. V. LEWIS REVERSED, CAAF AFFIRMS DECISION Read More »

PRESIDENT TRUMP TO USE U.S. MILITARY & FEDERAL ACT TO OUST ILLEGAL IMMIGRANTS AT BORDER

By Lakmal | May 28, 2019

It is no secret that the situation at any border center in America right now is tense. The Department of Homeland Security (DHS) and Immigrations and Customs Enforcement (ICE) are accused daily of mishandling the influx of undocumented immigrants and asylum seekers. On the other hand, many politicians are feeling the pressure for not doing …

PRESIDENT TRUMP TO USE U.S. MILITARY & FEDERAL ACT TO OUST ILLEGAL IMMIGRANTS AT BORDER Read More »

HOW TO AVOID THE MINEFIELDS OF MILITARY JUSTICE, ISSUE 3

By Lakmal | May 20, 2019

There are so many things to talk about regarding alcohol. Quite a few of my cases root issues stem directly from too much alcohol. Sleeping behind the steering wheel after you have had too much to drink is a terrible idea. You might think that you are doing the right thing, getting in your car, …

HOW TO AVOID THE MINEFIELDS OF MILITARY JUSTICE, ISSUE 3 Read More »

SPY SOFTWARE ALLEGEDLY USED ON SEAL’S DEFENSE TEAM BY MILITARY PROSECUTORS

By Lakmal | May 16, 2019

The military criminal defense case of Navy SEAL and Special Operations Chief Edward Gallagher has been complicated from the start. He stands accused of multiple charges surrounding the death of an Islamic State prisoner in 2017, including charges of premeditated murder, aggravated assault, wrongful use of controlled substances, and more. The case, however, got even cloudier recently when Gallagher’s …

SPY SOFTWARE ALLEGEDLY USED ON SEAL’S DEFENSE TEAM BY MILITARY PROSECUTORS Read More »

AIRMAN CONVICTED OF OBSCENE COMMUNICATIONS, CAAF AFFIRMS 1ST AMENDMENT NOT VIOLATED

By Lakmal | May 13, 2019

The Court of Appeals for the Armed Forces (CAAF) recently decided upon the Air Force case of U.S. v. Meakin, in which the defendant was convicted of “conduct unbecoming an officer and a gentleman” — as described in UCMJ Article 133 — carried out through online interactions. He had been sentenced to extensive confinement, total forfeitures, …

AIRMAN CONVICTED OF OBSCENE COMMUNICATIONS, CAAF AFFIRMS 1ST AMENDMENT NOT VIOLATED Read More »

HOW TO AVOID THE MINEFIELDS OF MILITARY JUSTICE – ISSUE 2 – ALCOHOL – HAVE A PLAN

By Lakmal | May 9, 2019

ALCOHOL – HAVE A PLAN Alcohol seems to be the root of all evils in the military. Is it though? I don’t know. There are always those individuals who just can’t handle their liquor. Alcohol permeates all military social functions. Grogs, shot contests, and bars are all commonplace for dining outs, military balls, retirements, and …

HOW TO AVOID THE MINEFIELDS OF MILITARY JUSTICE – ISSUE 2 – ALCOHOL – HAVE A PLAN Read More »

TRUMP PARDONS ARMY RANGER CONVICTED OF MURDERING IRAQI DETAINEE

By Lakmal | May 7, 2019

President Donald Trump has recently pardoned former Army lieutenant Michael Behenna, who was serving a 25-year sentence for a conviction of unpremeditated murder in a combat zone originating from a 2008 incident. Behenna was only five years into his sentence when he received this pardon, or clemency, technically. Throughout his case, Behenna claimed he was …

TRUMP PARDONS ARMY RANGER CONVICTED OF MURDERING IRAQI DETAINEE Read More »

HOW TO AVOID THE MINEFIELDS OF MILITARY JUSTICE ISSUE 1 – ARTICLE 31B

By Lakmal | April 30, 2019

ARTICLE 31B – COMPULSORY SELF-INCRIMINATION PROHIBITED For some odd reason, when young Servicemembers come under investigation, they feel they need to talk. I guess it’s not odd. It is the military. Integrity is everything. Integrity is drilled into the minds of all young Servicemembers during their basic training. I went to basic training in 1998. …

HOW TO AVOID THE MINEFIELDS OF MILITARY JUSTICE ISSUE 1 – ARTICLE 31B Read More »

CAAF MAKES IT EASIER FOR CRIMINAL EVIDENCE TO BE TAKEN IN UNLAWFUL SEARCHES & SEIZURES

By Lakmal | April 26, 2019

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 …

CAAF MAKES IT EASIER FOR CRIMINAL EVIDENCE TO BE TAKEN IN UNLAWFUL SEARCHES & SEIZURES Read More »

SEXUAL ASSAULT INVOLVING NONCONSENSUAL SEXUAL ACTIVITY IS A GENERAL INTENT CRIME, U.S. V. MCDONALD

By Lakmal | April 25, 2019

The United States Court of Appeals for the Armed Forces (CAAF) recently decided United States v. McDonald, an Army case involving a service member accused of sexual assault. The case’s conclusion is noteworthy among military criminal cases in that it has decided that sexual assault that involves nonconsensual sexual activity that causes physical harm can be viewed as a …

SEXUAL ASSAULT INVOLVING NONCONSENSUAL SEXUAL ACTIVITY IS A GENERAL INTENT CRIME, U.S. V. MCDONALD Read More »

2006 RAPE CHARGE STATUTE OF LIMITATIONS AMENDMENT NOT RETROACTIVE, CAAF DECIDES

By Lakmal | February 27, 2019

United States v. Briggs was concluded by the Court of Appeals for the Armed Forces (CAAF) recently, ending in a reversal of the appellant’s rape conviction and a dismissal of the charge. The CAAF reached this decision in part by referencing United States v. Mangahas, which established that a 2006 amendment to rape charge statute of limitations was not …

2006 RAPE CHARGE STATUTE OF LIMITATIONS AMENDMENT NOT RETROACTIVE, CAAF DECIDES Read More »

CAAF USES NON-UCMJ REGULATED CONDUCT AS EVIDENCE IN UCMJ VIOLATION CASE

By Lakmal | February 25, 2019

The Air Force case of United States v. Hale has been decided by the U.S. Court of Appeals for the Armed Forces (CAAF) in a decision that could bring heavy implications to military criminal justice as a whole. Within U.S. v. Hale, the CAAF used evidence of conduct not regulated by the Uniform Code of Military Justice …

CAAF USES NON-UCMJ REGULATED CONDUCT AS EVIDENCE IN UCMJ VIOLATION CASE Read More »

RETIRED MILITARY SERVICE MEMBERS & COURT-MARTIAL CASES

By Lakmal | February 21, 2019

When a military service member decides to end their military career, they can either separate from the military altogether or, more commonly, retire. For as long as a retired service member is collecting retirement pay and benefits from the military, though, they can be held under court-martial jurisdiction. Furthermore, they can be recalled back to active …

RETIRED MILITARY SERVICE MEMBERS & COURT-MARTIAL CASES Read More »

UNIFORM CODE OF MILITARY JUSTICE UPDATES, EFFECTIVE JANUARY 1ST, 2019

By Lakmal | January 2, 2019

With the enactment of the 2017 National Defense Authorization Act (NDAA), a series of Uniform Code of Military Justice (UCMJ) updates have been implemented on January 1st, 2019. The late John McCain described the updates as the “most significant reforms” to the UCMJ in history. How will the changes actually impact members of the United …

UNIFORM CODE OF MILITARY JUSTICE UPDATES, EFFECTIVE JANUARY 1ST, 2019 Read More »

NEW INVESTIGATION BEGINS FOR SEAL’S SEXUAL ASSAULT CASE

By Lakmal | November 19, 2018

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 …

NEW INVESTIGATION BEGINS FOR SEAL’S SEXUAL ASSAULT CASE Read More »

9TH CIRCUIT UPHOLDS THE DISMISSAL OF A DISCOVERY ORDER CHALLENGE FILED BY AN ALLEGED VICTIM

By Lakmal | November 15, 2018

The 9th Circuit has upheld the decision of lower courts to dismiss a discovery order challenge originally filed by an alleged victim of sexual assault. The alleged victim had tried to keep her mental health records private after an order to release them was created, as they pertained to a pending military crimes case. After the challenge was …

9TH CIRCUIT UPHOLDS THE DISMISSAL OF A DISCOVERY ORDER CHALLENGE FILED BY AN ALLEGED VICTIM Read More »

FOOTBALLER BRI’ONTE DUNN ACQUITTED OF RAPE CHARGES, ACCUSER FALSIFIED CLAIMS

By Lakmal | October 23, 2018

Bri’onte Dunn, a former Ohio State running back, was acquitted by a jury of two charges of rape last week. He had been accused by a previous lover of forcing himself upon her, but he denied the accusations up-and-down, refusing any offerings of a plea deal. If convicted, he could have spent decades in prison. However, the …

FOOTBALLER BRI’ONTE DUNN ACQUITTED OF RAPE CHARGES, ACCUSER FALSIFIED CLAIMS Read More »

PRISONERS ARE CATFISHING & BLACKMAILING SERVICE MEMBERS AT ALARMING RATE

By Lakmal | October 22, 2018

Officials from the United States Armed Forces are reporting an increase in an unusual circumstance among military service members: catfishing and blackmailing carried out by prisoners targeting the service members on dating apps and websites. According to reports, many military service members have been enticed by illicit photos of women sent through dating apps in …

PRISONERS ARE CATFISHING & BLACKMAILING SERVICE MEMBERS AT ALARMING RATE Read More »

U.S. V. BARRY CONVICTION REVERSAL RAISES QUESTIONS ABOUT UNDUE INFLUENCE

By Lakmal | September 13, 2018

On September 5th, 2018, the United States Court of Appeals for the Armed Forces (CAAF) ultimately agreed to reverse the original sexual assault conviction in the Navy case of United States v. Barry. However, the process to undo that conviction and reach a new conclusion is largely contested, with the CAAF split as to how to decide and …

U.S. V. BARRY CONVICTION REVERSAL RAISES QUESTIONS ABOUT UNDUE INFLUENCE Read More »

ARMY SEEKS WAYS TO ENCOURAGE MALE SERVICE MEMBERS TO FILE SEXUAL ASSAULT REPORTS

By Lakmal | August 28, 2018

In a relatively short span of time, the United States Armed Forces has pushed a revitalized campaign to penalize alleged criminal offenders in the ranks. The Air Force Academy added protections for service members who report sexual assault, the Uniform Code of Military Justice (UCMJ) was updated to distinguish domestic violence from assault, and United States Secretary …

ARMY SEEKS WAYS TO ENCOURAGE MALE SERVICE MEMBERS TO FILE SEXUAL ASSAULT REPORTS Read More »

UCMJ SHOULD BE USED MORE OFTEN FOR DISCIPLINE, SAYS SECRETARY OF DEFENSE MATTIS

By Lakmal | August 21, 2018

In a recent memo released to the public from the desk of United States Secretary of Defense James Mattis, the Uniform Code of Military Justice (UCMJ) should be relied upon more often to discipline and penalize military service members who carry out misconduct, violations, and crimes. Within the few short lines of text in the memo, it is …

UCMJ SHOULD BE USED MORE OFTEN FOR DISCIPLINE, SAYS SECRETARY OF DEFENSE MATTIS Read More »

UCMJ UPDATE MAKES DOMESTIC VIOLENCE A SEPARATE CRIMINAL VIOLATION UNDER MILITARY LAW

By Lakmal | August 13, 2018

The Uniform Code of Military Justice (UCMJ) has noticeably changed its views on military crimes of a violent nature. President Trump has recently approved and signed the annual defense authorization act, which has made domestic violence its own separate criminal violation with a specific statute describing the crime and potential penalties. In the past, domestic violence conducted …

UCMJ UPDATE MAKES DOMESTIC VIOLENCE A SEPARATE CRIMINAL VIOLATION UNDER MILITARY LAW Read More »

AIR FORCE ACADEMY ENCOURAGES REPORTED SEXUAL ASSAULT BY REMOVING VICTIM “PUNISHMENTS”

By Lakmal | August 10, 2018

The Air Force Academy has made a significant rule change in order to encourage service members to report incidents of sexual assault from other airmen and airwomen. In specific, “collateral” misconduct violations and their related penalties will not be filed against someone who comes forward with a sexual assault allegation. Underage drinking, fraternization, and recreational drug use are all …

AIR FORCE ACADEMY ENCOURAGES REPORTED SEXUAL ASSAULT BY REMOVING VICTIM “PUNISHMENTS” Read More »

CAAF DECISION GIVES CCA POWER TO DISAPPROVE MANDATORY MINIMUM PUNITIVE DISCHARGE

By Lakmal | May 24, 2018

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 …

CAAF DECISION GIVES CCA POWER TO DISAPPROVE MANDATORY MINIMUM PUNITIVE DISCHARGE Read More »

CAAF APPROVES REVIEW OF ARTICLE 2(A)(3) & RESERVE JURISDICTION PROBLEM

By Lakmal | May 14, 2018

A reservist of the United States Armed Forces must still comply with the Uniform Code of Military Justice (UCMJ), as long as they are performing a duty that directly coincides with their reservist status. Within Article 2(a)(3), a court-martial jurisdiction’s power is further limited to reservists on inactive-duty training, or to Army National Guard and …

CAAF APPROVES REVIEW OF ARTICLE 2(A)(3) & RESERVE JURISDICTION PROBLEM Read More »

U.S. V. SCHLOFF AUTHORIZED REVERSED CONVICTION AFTER UNLAWFUL COMMAND INFLUENCE JEOPARDIZES FINDINGS

By Lakmal | April 16, 2018

In United States v. Schloff, 74 M.J. 312 (CAAF 2015), the Court of Appeals for the Armed Forces (CAAF) maintained the definitions of sexual contact in military criminal justice settings. In particular, it held sexual contact described in Article 120(g)(2) can be defined by body-to-body contact and/or object-to-body contact. Perhaps more importantly, though, it and the Army Criminal …

U.S. V. SCHLOFF AUTHORIZED REVERSED CONVICTION AFTER UNLAWFUL COMMAND INFLUENCE JEOPARDIZES FINDINGS Read More »

PREEMPTION DOCTRINE IS NEWLY LIMITED BY CAAF IN U.S. V WHEELER

By Lakmal | March 27, 2018

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. …

PREEMPTION DOCTRINE IS NEWLY LIMITED BY CAAF IN U.S. V WHEELER Read More »

CAAF REVIEWS RAPE PENALTIES, MAINTAINS STATUTE OF LIMITATIONS IS 5 YEARS

By Lakmal | February 7, 2018

The United States Court of Appeals for the Armed Forces (CAAF) has maintained that the statute of limitations on rape of an adult charges, without any aggravating factors, is set at five years. The CAAF reached its unanimous conclusion after reviewing the potential penalties for such rape charges. Since rape fitting the charge definitions cannot be …

CAAF REVIEWS RAPE PENALTIES, MAINTAINS STATUTE OF LIMITATIONS IS 5 YEARS Read More »

INVESTIGATORS ACCESS SUSPECT ACCOUNT AFTER EAVESDROPPING, CCA UPHOLDS ACTION

By Lakmal | January 2, 2018

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 …

INVESTIGATORS ACCESS SUSPECT ACCOUNT AFTER EAVESDROPPING, CCA UPHOLDS ACTION Read More »

ARMY CCA REVERSES CONVICTION BROUGHT BY UNJUST CELLPHONE SEARCH & SEIZURE

By Lakmal | December 29, 2017

The United States Army Court of Criminal Appeals (CCA) has contradicted a lower court’s decision to deny an evidence suppression motion put forth by the defense. In a sexual misconduct case that accused Private First Class Morales of multiple Article 120 and Article 120c violations, the defense argued a search of the defendant’s cellphone was unjustified because the investigators …

ARMY CCA REVERSES CONVICTION BROUGHT BY UNJUST CELLPHONE SEARCH & SEIZURE Read More »

MORE BRASS & SENIOR CIVILIANS ACCUSED OF SEXUAL MISBEHAVIOR THAN EVER

By Lakmal | November 28, 2017

Pentagon officials have recently reported that complaints filed against military brass – or commissioned officers – and senior civilian officials for sexual misconduct are on a noticeable rise. Between the years of 2015 and 2017, the reports spiked a total of 13%, or up to a total of 803. It has been noted that the increase in …

MORE BRASS & SENIOR CIVILIANS ACCUSED OF SEXUAL MISBEHAVIOR THAN EVER Read More »

WHIDBEY CREW IN TROUBLE AFTER AIRCRAFT PRANK

By Lakmal | November 21, 2017

On November 16, 2017, residents in Okanogan, Washington, looked up to see a giant phallus sketched in the blue autumn sky. It was left there by the Navy crew of the EA-18G Growler, based at Whidbey Island Naval Air Station, and Navy superiors are not impressed. According to a statement released by the Navy the …

WHIDBEY CREW IN TROUBLE AFTER AIRCRAFT PRANK Read More »

FORT HOOD, 13 SOLDIERS ARRESTED AFTER 16-HOUR PROSTITUTION STING

By Lakmal | September 8, 2017

The McLennan County Sheriff’s Department and the Bell County Sheriff’s Department Special Crimes Unit have recently reported the arrests of 20 male individuals, including 13 active-duty soldiers posted at Fort Hood, following a lengthy prostitution sting operation. While an official claimed that the arrests would help the local community by penalizing “predators,” the methods used …

FORT HOOD, 13 SOLDIERS ARRESTED AFTER 16-HOUR PROSTITUTION STING Read More »

ARMY MOVES TO COURT-MARTIAL A RETIRED GENERAL OFFICER

By Lakmal | August 29, 2017

Over the weekend, an Article 32 preliminary hearing was held to consider allegations of rape of a child by retired Army Major General James J. Grazioplene. The retired general is accused of committing rape on six different occasions between 1983 and 1989 while he was stationed in the United States and Germany. This move isn’t …

ARMY MOVES TO COURT-MARTIAL A RETIRED GENERAL OFFICER Read More »

DRILL SERGEANTS AT FORT BENNING SUSPENDING FOR SUSPECTED SEXUAL ASSAULT

By Lakmal | August 28, 2017

A female trainee at Fort Benning in western Georgia has accused a drill sergeant of sexual assault. In response, the Army’s Criminal Investigation Command and the Maneuver Center of Excellence has begun a criminal investigation. The drill sergeant accused by the trainee and several others have already been suspended until further notice and investigational progress. …

DRILL SERGEANTS AT FORT BENNING SUSPENDING FOR SUSPECTED SEXUAL ASSAULT Read More »

GROSS GOVERNMENTAL MISCONDUCT ULTIMATELY HARMLESS IN U.S. V. CLAXTON

By Lakmal | August 3, 2017

In the case of U.S. v. Claxton, Air Force Cadet Stephan H. Claxton was convicted of wrongful sexual contact of one alleged victim, attempted abusive sexual contact and assault consummated by a battery of a second alleged victim, and two specifications of assault consummated by a battery for a physical altercation with two other cadets. The …

GROSS GOVERNMENTAL MISCONDUCT ULTIMATELY HARMLESS IN U.S. V. CLAXTON Read More »

AIR FORCE CCA DECISION MAY FORBID USE OF OLD PRESCRIPTION MEDICATION

By Lakmal | August 2, 2017

The Air Force Court of Criminal Appeals (CCA) has recently overruled a decision in United States v. Lancaster that removed punishment from using prescription drugs for any purpose other than the treatment of the illness or injury for which they were originally prescribed by a physician. The new statement labels the previous decision as “erroneous” and “contrary” …

AIR FORCE CCA DECISION MAY FORBID USE OF OLD PRESCRIPTION MEDICATION Read More »

4TH AMENDMENT VIOLATION CAUSES REVERSAL OF US V. DARNELL

By Lakmal | July 5, 2017

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 …

4TH AMENDMENT VIOLATION CAUSES REVERSAL OF US V. DARNELL Read More »

NMCCA HOLDS CONSTITUTION CAN’T REQUIRE PRODUCTION OF PRIVILEGED RECORDS BUT, THERE ARE OTHER REMEDIES!

By Lakmal | June 30, 2017

A three-judge panel of the Navy-Marine Corp CCA (NMCCA) just granted an alleged victim’s petition for a writ of mandamus in J.M. v. Payton-O’Brien and Ravenscraft. The petition reversed the military judge’s ruling that ordered the disclosure of parts of her mental health records to the defense. The military judge’s decision was based on the excised …

NMCCA HOLDS CONSTITUTION CAN’T REQUIRE PRODUCTION OF PRIVILEGED RECORDS BUT, THERE ARE OTHER REMEDIES! Read More »

ARMY CCA CONFUSES ISSUE OF PATIENT CONFIDENTIALITY FURTHER

By Lakmal | June 30, 2017

In a confusing move, a three-judge panel of the Army CCA granted a petition for a writ of mandamus for an alleged victim under Article 6B, which reversed a military judge’s ruling that ordered the alleged victim’s mental health records be produced for an in camera review (when a hearing is held before the judge in private …

ARMY CCA CONFUSES ISSUE OF PATIENT CONFIDENTIALITY FURTHER Read More »

DISHONESTY LED TO MISTRIAL IN UNITED STATES V. COMMISSO

By Lakmal | June 27, 2017

In the Army case of United States v. Commisso, the United States Court of Appeals for the Armed Forces (CAAF) found the military judge abused his discretion when he denied a post-trial motion for mistrial based on dishonest answers from three members during voir dire (a preliminary examination of a witness or a juror by a …

DISHONESTY LED TO MISTRIAL IN UNITED STATES V. COMMISSO Read More »

CAAF REVERSES US V. BRANTLEY, CALLING FOR REVIEW IN LIGHT OF US V. SAGER

By Lakmal | June 20, 2017

The Court of Appeals for the Armed Forces (CAAF) has summarily reversed the United State Army Court of Criminal Appeals (ACCA) decision regarding United States v. Brantley. The reversal was based upon confused legal definitions and languages brought forth and maintained by the prosecution during trial procedures. Defendant Mitchell L. Brantley was accused of allegedly touching …

CAAF REVERSES US V. BRANTLEY, CALLING FOR REVIEW IN LIGHT OF US V. SAGER Read More »

U.S. V. REESE CHARGES REVERSED BY CAAF AFTER MAJOR CHANGE GOES UNADDRESSED

By Lakmal | June 15, 2017

The Court of Appeals for the Armed Forces (CAAF) has dismissed two charges in United States v. Reese, a military law case originating from the Coast Guard. The first charge was dismissed on the grounds that it was caused by “an improper major change” during trial proceedings. The second charge was dismissed after the CAAF determined …

U.S. V. REESE CHARGES REVERSED BY CAAF AFTER MAJOR CHANGE GOES UNADDRESSED Read More »

CONFLICTS OF INTERESTS IN U.S. V. HALE CAUSE CONVICTION REVERSAL

By Lakmal | June 7, 2017

The Navy-Marine Corps Criminal Court of Appeals (NMCCA) has reversed multiple serious crime convictions, including rape and kidnapping, following a thorough review of United States v. Hale. The reversal of these convictions has also halted a 26-year confinement sentencing. After it was found that there was significant conflicts of interests among three parties in the case, …

CONFLICTS OF INTERESTS IN U.S. V. HALE CAUSE CONVICTION REVERSAL Read More »

UNLAWFUL COMMAND INFLUENCE MEANS A NEW TRIAL IN U.S. V. BOYCE

By Lakmal | June 5, 2017

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 …

UNLAWFUL COMMAND INFLUENCE MEANS A NEW TRIAL IN U.S. V. BOYCE Read More »

REVERSAL OF U.S. V. HENDRIX CONVICTION

By Lakmal | June 2, 2017

In the Army case of United States v. Hendrix, the court initially decided to convict Specialist (E-4) Austin L. Hendrix of one specification of sexual abuse of a child. However, The U.S. Court of Appeals for the Armed Forces (CAAF) concluded a voice lineup was so flawed it rendered the result meaningless. The admission of evidence …

REVERSAL OF U.S. V. HENDRIX CONVICTION Read More »

NEW ACCA DECISION – MRE 513 (LK V. ACOSTA & RPI SFC SANCHEZ)

By Lakmal | May 30, 2017

The United States Army Court of Criminal Appeals (ACCA) has recently reviewed Military Rule of Evidence (MRE) 513 and how it relates to petitions for extraordinary relief in the nature of a writ of mandamus. The review began after it was argued that MRE 513 did not provide military judges adequate instruction when determining if …

NEW ACCA DECISION – MRE 513 (LK V. ACOSTA & RPI SFC SANCHEZ) Read More »

A THIRD FACA COMMITTEE CREATED OVERSEE MILITARY JUSTICE REGARDING SEX CRIMES

By Lakmal | May 3, 2017

The Federal Advisory Committee Act (FACA) has added a third committee to its number of federal advisory groups, the Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces (DAC-IPAD). This new committee was created in an effort to respond to the number of sexual assault allegations from various members …

A THIRD FACA COMMITTEE CREATED OVERSEE MILITARY JUSTICE REGARDING SEX CRIMES Read More »

MRE 414 IN CHILD MOLESTATION CASES & HOW IT IMPACTED U.S. V. FETROW

By Lakmal | April 24, 2017

In the average criminal defense case, one can expect that the defendant will be tried based only on evidence pertinent to the crime immediately in question. That is to say, for example, someone being tried for an alleged theft would not expect the prosecution to bring forth evidence of an entirely separate alleged theft crime …

MRE 414 IN CHILD MOLESTATION CASES & HOW IT IMPACTED U.S. V. FETROW Read More »

RETIRED SERVICE MEMBERS ARE STILL SERVICE MEMBERS, SAYS NMCCA

By Lakmal | March 30, 2017

The Navy-Marine Corps Court of Criminal Appeals (NMCCA) has reaffirmed through a recent ruling that a military service member never truly retires from the Armed Forces. Through its comments on United States v. Dinger, the NMCCA holds that retirement is a status change, not a removal from military service. With this statement made and upheld, it …

RETIRED SERVICE MEMBERS ARE STILL SERVICE MEMBERS, SAYS NMCCA Read More »

MARINE CORPS SOCIAL MEDIA POLICY PAINTS CYBERBULLYING AS ILLEGAL

By Lakmal | March 20, 2017

Cyberbullying has recently been elevated from a frowned-upon behavior to a crime in the eyes of the United States Marine Corps. The military branch has updated its social media policy to consider online threats, harassment, and discrimination as a crime that falls under the category of “failure to obey an order or regulation.” The change …

MARINE CORPS SOCIAL MEDIA POLICY PAINTS CYBERBULLYING AS ILLEGAL Read More »

SURVEY SAYS SEXUAL ASSAULT & MISCONDUCT UP AT NAVY, ARMY ACADEMIES

By Lakmal | March 17, 2017

An anonymous survey reviewed by The Associated Press has uncovered that sexual assault and sexual misconduct reports increased at both the Navy and Army Academies in 2016, compared to a similar report from 2015. The survey’s results suggest an uphill climb for several new programs that were instituted at Academies in recent years to stem sexual assault incidents. The Marines United online …

SURVEY SAYS SEXUAL ASSAULT & MISCONDUCT UP AT NAVY, ARMY ACADEMIES Read More »

PROHIBITED ONLINE MISCONDUCT AMONG ARMY MEMBERS CAN BE PENALIZED

By Lakmal | March 13, 2017

The United States Army has recently released a policy update to encourage the professionalization of online conduct and the telling of “the Army Story.” The update applies only to the Army and all of its branches – no other branches of the military, such as the Navy or Airforce, are affected – and effectively allows disciplinary, criminal, …

PROHIBITED ONLINE MISCONDUCT AMONG ARMY MEMBERS CAN BE PENALIZED Read More »

NEW TRIAL GRANTED TO AIR FORCE MEMBER AFTER FAVORABLE EVIDENCE APPEARS

By Lakmal | March 10, 2017

In Cook v. United States, a panel of three judges representing the Air Force Criminal Court of Appeals (CCA) has chosen to permit a new trial based on the discovery of new evidence that could change everything. Master Sergeant Cook pleaded not guilty to sexual assault but was convicted all the same after trial by court-martial. He was penalized …

NEW TRIAL GRANTED TO AIR FORCE MEMBER AFTER FAVORABLE EVIDENCE APPEARS Read More »

MARINE CORPS CONTROVERSY IGNITES AFTER NUDE PICS OF FEMALE MARINES ARE LEAKED

By Lakmal | March 7, 2017

The United States Marine Corps (USMC) has found itself in the center of a scandal after it was recently revealed that male Marines had been sharing nude and private photographs, videos, and other imagery of female Marines. Using a Facebook subgroup named Marines United, the illicit files were uploaded and shared to whomever was on …

MARINE CORPS CONTROVERSY IGNITES AFTER NUDE PICS OF FEMALE MARINES ARE LEAKED Read More »

ACQUITTAL DOESN’T RULE OUT ALL FACTS, AFFIRMS U.S. V. ROSARIO

By Lakmal | February 24, 2017

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 …

ACQUITTAL DOESN’T RULE OUT ALL FACTS, AFFIRMS U.S. V. ROSARIO Read More »

LACK OF PROBABLE CAUSE REVERSES GUILTY PLEA IN U.S. V. NIETO

By Lakmal | February 23, 2017

The Court of Appeals for the Armed Forces (CAAF) decided the appeal motion for United States v. Nieto recently. The case regarded a military investigator’s search authority and whether or not it could be based entirely on an investigator’s experience, specifically an investigator’s experience with how people generally use their portable electronic devices. The CAAF ruled that …

LACK OF PROBABLE CAUSE REVERSES GUILTY PLEA IN U.S. V. NIETO Read More »

MILITARY JUDGE CALLS TRUMP’S COMMENTS ON BERGDAHL “DISTURBING”

By Lakmal | February 22, 2017

The Bergdahl desertion case is currently up-in-the-air after the former-Sergeant Bergdahl’s defense attorneys argued a fair trial was now impossible due to repeated statements from Donald Trump that labeled their client as a “traitor”. During a pretrial hearing in mid-February 2017, the defense showed a five-minute video compilation of all the times the now-POTUS defamed …

MILITARY JUDGE CALLS TRUMP’S COMMENTS ON BERGDAHL “DISTURBING” Read More »

U.S. V. MUWWAKKIL: MISSING EVIDENCE LEADS TO CASE CONTROVERSY

By Lakmal | February 20, 2017

United States v. Muwwakkil represents a particularly interesting military defense case, in that an entire piece of evidence was stricken from the record due to the government’s negligence, and yet the case was permitted to carry on as normal. The controversy of the case begins after an alleged rape victim provides an oral testimony to investigators. …

U.S. V. MUWWAKKIL: MISSING EVIDENCE LEADS TO CASE CONTROVERSY Read More »

U.S. V. BOWEN REHEARING AUTHORIZED DUE TO USE OF “EXCITED UTTERANCE” PROOF

By Lakmal | February 18, 2017

The Court of Appeals for the Armed Forces (CAAF) has concluded that United States v. Bowen was decided incorrectly due to the presiding judge’s abuse of discretion and erroneous judgement. Airman First Class Bowen will be granted a rehearing after being convicted of assault and aggravated assault, primarily due to an “excited utterance” given by one of …

U.S. V. BOWEN REHEARING AUTHORIZED DUE TO USE OF “EXCITED UTTERANCE” PROOF Read More »

BERGDAHL’S DEFENSE ATTORNEYS: TRUMP COMMENTS MAKE FAIR TRIAL IMPOSSIBLE

By Lakmal | February 17, 2017

Military prosecutors have promised to provide Bowe Bergdahl a fair trial after he was charged with desertion during a tour in Afghanistan. Concerns over the ability to grant Bergdahl an unbiased trial arose during President Donald Trump’s election campaign after the then-Presidential-nominee labeled him as a “traitor”. Bergdahl has even gone as far as claiming …

BERGDAHL’S DEFENSE ATTORNEYS: TRUMP COMMENTS MAKE FAIR TRIAL IMPOSSIBLE Read More »

WHEN HOUSEBREAKING DOESN’T REQUIRE WALLS OR CEILINGS

By Lakmal | February 2, 2017

Today, our military criminal defense attorney takes a look at a recent case with a seemingly strange assertion (and the appeal that repaired it). This past Friday, Army Specialist (E-4) Nathan Wilson successfully appealed a ruling that declared him guilty of housebreaking in 2013. The decision concludes a long process to undo an earlier judicial …

WHEN HOUSEBREAKING DOESN’T REQUIRE WALLS OR CEILINGS Read More »

CHELSEA MANNING TO BE RELEASED 28 YEARS EARLY

By Lakmal | January 30, 2017

Whistle-blowing is a nickname for a legal case where an employee or citizen reports on the illegal activities of a superior. Whistleblowers are usually granted immunity from prosecution or retaliation for whistleblowing—some may even receive a monetary reward for acting on behalf of the American people. For instance, if an adjuster reports Medicaid fraud on …

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CAAF TO CONSIDER HOW 4TH AMENDMENT APPLIES TO COMPUTER SEARCHES

By Lakmal | December 28, 2016

The Court of Appeals for the Armed Forces (CAAF) granted review of issues posed by United States v. Richards. CAAF will consider how the particularity requirement presented in the Fourth Amendment applies to computer searches. As technology has become increasingly integrated into our daily lives, the court’s decision is poised to have a significant impact on …

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BERGDAHL PROSECUTORS BARRED FROM USING WOUNDS

By Lakmal | December 20, 2016

In what was a significant ruling in the trial of Army Sgt. Bowe Bergdahl, the prosecution has been barred from using the wounds dealt to service members while searching for him as evidence in the case. Army Col. Jeffrey Nance, serving as the judge in the case, wrote that there is “ample” evidence supporting the …

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BERGDAHL “RESPONSIBLE FOR CERTAIN AMOUNT” OF DANGEROUS MISSIONS

By Lakmal | December 19, 2016

Army Col. Jeffery Nance, the judge in the case of Sgt. Bowe Bergdahl, said this week that Bergdahl does bear some responsibility for the dangerous search missions that were launched in the wake of his 2009 disappearance. Nance’s language, however, seemed to indicate that Army prosecutors may have a limited scope in which incidents they …

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ARMY COURT OF CRIMINAL APPEALS RE-EXAMINES HILLS DECISION

By Lakmal | December 15, 2016

Earlier this year, we wrote about the United States v. Hills decision—an impactful United States Court of Appeals for the Armed Forces determination that prior criminal charges could not be used under Mil. R. Evid. 413 to prove a defendant’s propensity for sexual crimes. Now, this month, the Army Court of Criminal Appeals has further defined the …

ARMY COURT OF CRIMINAL APPEALS RE-EXAMINES HILLS DECISION Read More »

FEDERAL COURT VACATES MARINE DISCHARGE IN CONTROVERSIAL CASE

By Lakmal | December 9, 2016

A federal judge has determined that the Department of the Navy erred when it honorably discharged Major Jason Brezler in a controversial case of mishandling classified information. U.S. District Judge Joseph F. Bianco determined this week that while Brezler broke security protocol when he emailed colleagues in Afghanistan to warn them of an attack, the …

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UNDERSTANDING “SEXTORTION” IN THE MILITARY

By Lakmal | December 7, 2016

“Sextortion” is the name that investigators have been a particular type of cyber-crime that a growing number of U.S. military servicemembers has fallen victim to. Essentially, sextortion is a form of extortion that occurs after two parties have consensually shared sexually explicit photos or video via electronic means. Below, we take a closer look at …

UNDERSTANDING “SEXTORTION” IN THE MILITARY Read More »

JSC CLARIFIES ARTICLE 134 DEFINITIONS, DISJUNCTIVES

By Lakmal | December 2, 2016

The Joint Service Committee on Military Justice (JSC) has released new supplementary material for the Manual for Courts-Martial (MCM) that could have a significant effect on Article 134 trials. The new publication dictates how certain sexual offenses should be considered and recorded in court. For example, the new material clarifies how the Article 134 offense …

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HOW DOES TRUMP’S ELECTION AFFECT THE BERGDAHL CASE?

By Lakmal | November 28, 2016

Out on the campaign trail, Donald Trump singled out Sgt. Bowe Bergdahl numerous times as a “traitor” who deserved severe punishment for his alleged cooperation with Taliban forces during his five-year captivity. While those charges haven’t been proven, Bergdahl’s case has been a hot-button topic for much of the public who believe his 2009 disappearance …

HOW DOES TRUMP’S ELECTION AFFECT THE BERGDAHL CASE? Read More »

SENATOR MCCAIN’S COMMENTS DID NOT INFLUENCE BERGDAHL CASE

By Lakmal | September 30, 2016

This week, Army Col. Jeffery Nance ruled that prior comments from Senator John McCain did not influence the decision to prosecute Sgt. Bowe Bergdahl for his 2009 disappearance from a remote Army base in Afghanistan. The decision comes following Bergdahl’s lawyers’ assertion that there has been institutional pressure and bias to charge Bergdahl after his …

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ARMY APPEALS COURT MAKES CONTROVERSIAL EVIDENCE RULING

By Lakmal | September 28, 2016

If you do not deny a criminal accusation in a private conversation, does that mean you could be admitting to your own guilt? According to the US Army Court of Criminal Appeals (CCA), it can. In a controversial new ruling, the three-judge panel determined that Mil. R. Evid. 304(a)(2) does not necessarily protect accused individuals …

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MILITARY COURT: MANDATORY MINIMUMS APPLY TO ATTEMPTED SEX OFFENSES

By Lakmal | September 26, 2016

In a recent ruling, The United States Navy-Marine Corps Court of Criminal Appeals (NMCCA) has rectified contradictory language between the Manual for Courts-Martial and Article 56. In United States v. Henegar, the court has decided that the language provided in Article 56 wins out and that those convicted of attempted sexual offenses are subject to the mandatory …

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NEW BILL COULD PREVENT MILITARY PTSD/TBI DISCHARGES

By Lakmal | September 16, 2016

Following reports of military Servicemembers being dishonorably discharged from service for behavior linked to PTSD and TBI, lawmakers have introduced a new bill to give suffering troops the recognition they deserve. As Military Times reports, the new bill, if enacted, could make a PTSD or TBI diagnosis a legitimate rebuttal to a bad discharge. Last week, a …

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KANSAS TO ALLOW MILITARY SPOUSES TO PRACTICE LAW

By Lakmal | September 12, 2016

Last week, the Kansas Supreme Court adopted a new rule that will allow military spouses practice law in Kansas even if they have not passed the state’s bar exam. The rule is aimed at alleviating the hardship of some military families stationed in Kansas who are unable to earn a living due to restrictions of …

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SECOND PSYCHIATRIST REQUESTED IN BERGDAHL CASE

By Lakmal | August 18, 2016

Another motion has been filed by Sgt. Bowe Bergdahl’s defense team. This time, the lawyers are asking that they be granted their own forensic psychiatrist to level the playing field with the prosecution– which already is already benefiting from the expertise of its own psychiatrist. As Stars and Stripes reports, the motion filed earlier this week requests …

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BERGDAHL DEFENSE TEAM TAKES ISSUE WITH DEFENSE REVIEW

By Lakmal | August 17, 2016

Sgt. Bowe Bergdahl’s defense team has asked that his February court-martial be canceled due to the actions of the head of the Army’s Forces Command. General Robert Abrams—who made the decision to put Bergdahl on trial—has admitted that he chose not to review the materials submitted by Bergdahl’s lawyers last October because they were not …

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CAAF RULES ON MARINE’S BIBLE VERSE CASE

By Lakmal | August 13, 2016

Last year, this blog reported on the case of Lance Corporal Monifa Sterling, a Marine who was court-maritaled on several charges stemming from conflicts between her and her superior officers. Of those charges, one of them posed a particular question of religious freedom while on duty. Now, the United States Court of Appeals for the …

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NEW PROPENSITY DECISION ALREADY PRODUCING NEW CASE REVIEWS

By Lakmal | August 10, 2016

Earlier this year, the United States Army Court of Criminal Appeals (CAAF) made an unexpected decision rejecting the use of Military Evidence Rule 413. That decision, which ruled against the use of “propensity” evidence in sexual assault cases, has already resulted in multiple remanded cases that will now receive further review—likely to the benefit of …

NEW PROPENSITY DECISION ALREADY PRODUCING NEW CASE REVIEWS Read More »

CCA EXTENDS PSYCHOTHERAPIST-PATIENT PRIVILEGE

By Lakmal | August 1, 2016

In an unexpected decision, the United States Coast Guard Court of Criminal Appeals (CCA) has provided an extension of the psychotherapist-patient privilege. In the court’s published order, the majority has ruled that diagnoses, prescriptions, conclusions, treatments, and other key pieces of information can remain protected as part of the psychotherapist-patient privilege under Mil. R. Evid. …

CCA EXTENDS PSYCHOTHERAPIST-PATIENT PRIVILEGE Read More »

NMCCA ENFORCES OLD CORROBORATION RULE IN SEXUAL ASSAULT CASE

By Lakmal | July 25, 2016

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 …

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BERGDAHL DEFENSE TEAM GRANTED CRITICAL EMAIL ACCESS

By Lakmal | July 18, 2016

Sgt. Bowe Bergdahl’s defense team won a critical pre-trial victory earlier this month by gaining access to high commander emails. As Stars and Stripes reports, Col. Jeffery Nance has ordered that prosecutors hand over emails from specific commanders who could have been in contact with Congress at the time that it was decided to charge Bergdahl with …

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CAAF REJECTS FOURTH AMENDMENT ISSUE IN CANINE CASE

By Lakmal | July 8, 2016

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 …

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HIGH MILITARY COURT SPLIT ON HUMAN LIE DETECTOR ISSUE

By Lakmal | July 5, 2016

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 …

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CAAF STRIKES DOWN “PROPENSITY” EVIDENCE RULE CONCERNING PRIOR CHARGES

By Lakmal | June 28, 2016

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 …

CAAF STRIKES DOWN “PROPENSITY” EVIDENCE RULE CONCERNING PRIOR CHARGES Read More »

APPEALS RULING LIMITS COURT JURISDICTION OVER ALLEGED VICTIM’S PETITION

By Lakmal | June 27, 2016

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 …

APPEALS RULING LIMITS COURT JURISDICTION OVER ALLEGED VICTIM’S PETITION Read More »

APPEALS COURT ENFORCES REHEARING FOLLOWING “PLAIN ERROR”

By Lakmal | June 24, 2016

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 …

APPEALS COURT ENFORCES REHEARING FOLLOWING “PLAIN ERROR” Read More »

SCOTUS RULING MAKES EVIDENCE IN SOME ILLEGAL STOPS ADMISSIBLE

By Lakmal | June 22, 2016

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 …

SCOTUS RULING MAKES EVIDENCE IN SOME ILLEGAL STOPS ADMISSIBLE Read More »

THE NAVY CLARIFIES MEDICAL REPORTING LAW

By Lakmal | June 14, 2016

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. …

THE NAVY CLARIFIES MEDICAL REPORTING LAW Read More »

AIR FORCE TIMES PUBLISHES OP-ED SUPPORTING MILITARY JUSTICE REFORM

By Lakmal | June 9, 2016

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 …

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APPELLATE COURT DECISION DEFINES INTERROGATION PROTECTIONS FOR SOLDIERS

By Lakmal | June 8, 2016

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 …

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PENTAGON FIRES BACK AGAINST MILITARY SEXUAL ASSAULT CONCERNS

By Lakmal | June 6, 2016

Last month, New York Senator Kirsten Gillibrand made it known she would continue to pursue military justice reform to better prosecute cases involving sexual assault. Now, as The Hill reports, the Pentagon has issued a letter to the Senator’s office countering her claims and insisting that her grasp on the latest military sexual assault data is …

PENTAGON FIRES BACK AGAINST MILITARY SEXUAL ASSAULT CONCERNS Read More »

ARMY TO ENFORCE NEW RETENTION DIRECTIVES OCTOBER 1

By Lakmal | June 3, 2016

The U.S. Army has announced a new directive that will lower the threshold for Soldier force-outs (or separations). As Army Times reports, starting October 1, Soldiers with poor performance or misconduct issues and non-commissioned officers (NCOs) in abundant military occupational specialty (MOS) positions will face new rules if they want to continue serving. NEW “BAR TO …

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SENATOR GILLIBRAND REVIVES “INDEPENDENT MILITARY PROSECUTOR” AMENDMENT

By Lakmal | May 25, 2016

In recent years past, New York Senator Kirsten Gillibrand has called for the installation independent prosecutors into the military justice system to better identify, try, and prosecute sexual assault offenders. Those efforts have been narrowly defeated in the Senate, but, as Stars and Stripes reports, Gillibrand will be re-proposing the amendment to the annual defense …

SENATOR GILLIBRAND REVIVES “INDEPENDENT MILITARY PROSECUTOR” AMENDMENT Read More »

NEW APPEALS DECISION CONFRONTS SEXUAL ASSAULT & CONSENT

By Lakmal | May 18, 2016

Another recent decision from the United States Court of Appeals for the Armed Forces has confronted the difficulties inherent to defining consent in sexual assault cases and resulted in the reversal of a guilty verdict. Critical to the case, The United States v. Rogers, was an uncorrected bias by a court-martial panel member that the appellate …

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NCIS FACING GROWING NUMBER OF “SEXTORTION” CASES

By Lakmal | May 9, 2016

According to the NCIS, a growing number of sailors have been targeted for “sextortion.” As The Day reports, the agency has been taking preventive measures to help sailors recognize the signs of the crime and avoid being victimized by criminals who are difficult to prosecute. “Sextortion” is a form of extortion that occurs online. Perpetrators pose …

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BERGDAHL DEFENSE TEAM WINS CLASSIFIED DOCUMENTS APPEAL

By Lakmal | May 2, 2016

Court-martial proceedings for Sgt. Bowe Bergdahl have been halted over a question of his legal team’s access to classified documents for weeks now. In a decision handed down last week, however, The United States Army Court of Criminal Appeals ruled in Bergdahl’s lawyers’ favor, saying that the legal team should have access to classified documents …

BERGDAHL DEFENSE TEAM WINS CLASSIFIED DOCUMENTS APPEAL Read More »

LITTLE-KNOWN DESERTION CASE MIRRORS BERGDAHL STORY

By Lakmal | April 21, 2016

For years now, the story of Sgt. Bowe Bergdahl and his alleged desertion has captured headlines and incensed the public. However, he is not the only U.S. Army soldier to go missing in 2009 and, as Stars and Stripes pointsout in a new profile, one case in particular has significant similarities to Bergdahl’s own. THE STORY OF …

LITTLE-KNOWN DESERTION CASE MIRRORS BERGDAHL STORY Read More »

NEW INVESTIGATION LAUNCHED IN MARINE SEXUAL MISCONDUCT CASE

By Lakmal | April 12, 2016

A new development has emerged in the controversial case of Mark Thompson, a Marine Major who, in 2013, was convicted of carrying out an inappropriate relationship with a U.S. Naval Academy student. Now, the military has launched a new investigation of Thompson over his testimony in a controversial 2014 board of inquiry hearing. As Stars and Stripes reports, …

NEW INVESTIGATION LAUNCHED IN MARINE SEXUAL MISCONDUCT CASE Read More »

SENATORS PUSH FOR ANSWERS ON AWOL SOLDIER ACCUSED OF CHILD RAPE

By Lakmal | April 7, 2016

Senators Kirsten Gillibrand of New York and Barbara Boxer of California are pressuring the Army due to its apparent handling of the case of Private Jameson T. Hazelbower. While accused of child rape, Hazelbower went AWOL from the 101st Airborne Division at Fort Campbell, KY and was not pursued by the Army, but incidentally apprehended …

SENATORS PUSH FOR ANSWERS ON AWOL SOLDIER ACCUSED OF CHILD RAPE Read More »

UNITED STATES V. PEASE RESULTS IN LANDMARK CONSENT DECISION

By Lakmal | April 4, 2016

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 …

UNITED STATES V. PEASE RESULTS IN LANDMARK CONSENT DECISION Read More »

REPORT: MORE MILITARY LEADERS FACING SEX CRIME COURTS-MARTIAL

By Lakmal | April 1, 2016

It is nearly unheard of for a military officer to stand trial, or even be publically accused of sexual misconduct. Military records over the last few years, however, are now showing that this culture of silence and shielding military leaders from these allegations is slowly eroding. As Stars and Stripes reports, pressure on the military from Washington …

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IS MILITARY JUSTICE FAIR ON ITS FACE?

By Lakmal | March 24, 2016

Whether in War or in a Criminal trial, you never want the power of the United States Government turning its attention on you. An issue has been percolating in my mind for that last few years: “Is the American Military Justice really interested in fairness?” Recent events have demonstrated to me a stark imbalance: the …

IS MILITARY JUSTICE FAIR ON ITS FACE? Read More »

BERGDAHL LAWYER FILES LAWSUIT OVER FOIA REQUEST

By Lakmal | March 22, 2016

There has been a new development in the battle to release certain classified documents to Sgt. Bowe Bergdahl’s defense counsel before his upcoming court-martial: Attorney Eugene R. Fidell has filed suit against the Department of Defense, claiming that his Freedom of Information Act request to receive the documents has been purposefully delayed. Bergdahl’s legal team …

BERGDAHL LAWYER FILES LAWSUIT OVER FOIA REQUEST Read More »

NEW JUDGE ASSIGNED TO LONG-DELAYED MAJID KHAN CASE

By Lakmal | March 21, 2016

The Guantanamo war court has assigned a new judge to the long-delayed case of terrorism suspect Majid Khan. Army Col. Tara A. Osborn, who recently gained notoriety for handling the Fort Hood spree shooting case, will now oversee Khan’s forthcoming guilty plea, currently scheduled for 2019. As the Miami Herald reports, Khan (who is currently being held …

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MORE BERGDAHL DETAILS REVEALED IN NEW DOCUMENTS

By Lakmal | March 18, 2016

Sgt. Bowe Bergdahl’s defense counsel has released documents to the press this week in an effort to quell the negative publicity surrounding his upcoming court-martial. The documents, which include debriefing interviews with Bergdahl with Army officials following his 2014 rescue, detail his rationale behind leaving his Afghanistan post in 2009. As Army Times reports, Bergdahl believed that …

MORE BERGDAHL DETAILS REVEALED IN NEW DOCUMENTS Read More »

SERIAL PODCAST: BERGDAHL BECAME PEACE TALKS “LINE ITEM”

By Lakmal | March 4, 2016

In the latest episode of the Serial podcast, titled “Trade Secrets,” journalist Sarah Koenig and her team delve into the details of Bowe Bergdahl’s rescue from the Taliban. What most people know as the controversial Gitmo prisoner swap of 2014 actually started off much loftier in scale—and aimed to end the war in Afghanistan. MILITARY …

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CONVICTED “KILL TEAM” SOLDIER TO RECEIVE APPEAL HEARING

By Lakmal | February 29, 2016

Staff Sgt. Calvin Gibbs, the Joint Base Lewis-McChord Soldier who was convicted of a litany of crimes as the orchestrator of the infamous 2010 “kill team” murders, has just been granted an appeal hearing. As Stars and Stripes reports, the hearing has been granted by the Army Court of Criminal Appeals based on the submission of new evidence. …

CONVICTED “KILL TEAM” SOLDIER TO RECEIVE APPEAL HEARING Read More »

SERIAL PODCAST EXPLORES BERGDAHL’S PAST

By Lakmal | February 19, 2016

Should Bowe Bergdahl have been accepted into the Army? That is the question at the heart of most recent episodes of the Serial podcast (titled “Hindsight” Parts 1 and 2), in which Sarah Koenig and her team delve into Bergdahl’s childhood, his military aspirations, and even his state of mental health. As Stars and Stripes recaps, Bergdahl—who currently …

SERIAL PODCAST EXPLORES BERGDAHL’S PAST Read More »

THE TRUTH ABOUT FALSE CONFESSIONS

By Lakmal | February 15, 2016

Since the start of 2016, millions of TV viewers have become enthralled with Netflix’s Making a Murderer docuseries. The 10-hour program chronicles the life of Steven Avery, a Wisconsin man who was found to be falsely convicted of a 1985 sexual assault—only to be charged with murder shortly after his release in 2003. In perhaps the most …

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BERGDAHL CASE SUSPENDED BY APPELLATE DOCUMENTS REVIEW

By Lakmal | February 10, 2016

The Army Court of Criminal Appeals has suspended the much-anticipated litigation against embattled U.S. Army Sgt. Bowe Bergdahl. The ruling comes after prosecutors went to the court to review the decision of Col. Jeffery Nance, the Army judge that ordered them to turn over hundreds of thousands of classified documents to the defense. Last month, …

BERGDAHL CASE SUSPENDED BY APPELLATE DOCUMENTS REVIEW Read More »

WHAT HAVE YOU DONE FOR ME LATELY? SUMMARY OF CASE RESULTS FROM 2015

By Lakmal | February 4, 2016

I wanted to take the opportunity and tell our former and perspective clients a summary of the successes for the Jordan UCMJ Law Group in 2015. Summaries of the below victories can be found on our Case Results Page. The summary below details wins in Court Martial Cases, Administrative Separation Board hearings, Board of Inquiries, Article …

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AIR FORCE ENFORCES NEW RE-ENROLLMENT RULES FOR FLUNKING AIRMEN

By Lakmal | January 28, 2016

The Air Force has announced new re-enrollment protocols for airmen who have failed out of their professional military education. According to a memo posted by the Air University’s Education Support Center, airmen looking to re-enroll a second (or subsequent) time must receive written approval of a supervisor or commander to do so. As Air Force Times reports, …

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NEWEST SERIAL EPISODE DETAILS FLAWS IN BERGDAHL SEARCH

By Lakmal | January 22, 2016

Another chapter of Sgt. Bowe Bergdahl’s story has unfolded in the latest episode of Serial, “Meanwhile, in Tampa,” the fifth episode of the podcast’s second season. In the latest episode, host Sarah Koenig and her team focus on the many flaws that hampered the search for Bergdahl before his release in 2014. Following Bergdahl’s 2009 …

NEWEST SERIAL EPISODE DETAILS FLAWS IN BERGDAHL SEARCH Read More »

SHOULD THE AIR FORCE RELEASE NAMES OF ACQUITTED AIRMEN?

By Lakmal | January 19, 2016

Should the names of acquitted Air Force airmen be released to the public? That’s the question at the center of a new debate over privacy and military law protocol among officials and legal experts. As Air Force Times reports, the issue is a nuanced one. Currently, the names of all accused airmen appear on the Judge Advocate …

SHOULD THE AIR FORCE RELEASE NAMES OF ACQUITTED AIRMEN? Read More »

BERGDAHL HEARING CONFRONTS PREJUDICE, SECURITY CONCERNS

By Lakmal | January 14, 2016

The first pre-trial hearing in the case of Army Sgt. Bowe Bergdahl was held this week and, in short order, concerns over the upcoming court-martial were voiced by both the prosecution and defense. As Stars and Stripes reports, for the prosecution, there were concerns over the classified nature of documents the defense was requesting to prepare for the …

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THE BERGDAHL STORY CONTINUES TO UNFOLD ON “SERIAL”

By Lakmal | January 8, 2016

This week, the U.S. Army announced that the court-martial of Sgt. Bowe Bergdahl will take place between August 8 and August 19 later this year. The scheduling of the trial comes at a time when public interest in Bergdahl’s case has never been higher as his story continues to unfold on the popular investigative podcast, …

THE BERGDAHL STORY CONTINUES TO UNFOLD ON “SERIAL” Read More »

NEW PENTAGON BILL WOULD PROVIDE SWEEPING UCMJ REFORM

By Lakmal | January 4, 2016

It’s been more than 30 years since there have been any amendments to the Uniform Code of Military Justice. The Department of Defense, however, is now looking to change that with a new bill, the Military Justice Act of 2016, which aims at improving sentencing guidelines, giving convicted troops better access to appellate actions, and …

NEW PENTAGON BILL WOULD PROVIDE SWEEPING UCMJ REFORM Read More »

OUR FIRM HELPS A CLIENT GETS HIS WINGS BACK

By Lakmal | December 29, 2015

In a case which is still pending, a client of Joseph L. Jordan, Attorney At Law has had his flight status restored. Our client was one of three Air Force instructor pilots who were grounded over a series of text messages they sent which referenced drug use. A PAINFUL MISUNDERSTANDING The text messages in question …

OUR FIRM HELPS A CLIENT GETS HIS WINGS BACK Read More »

SGT. BOWE BERGDAHL TO FACE COURT-MARTIAL

By Lakmal | December 15, 2015

On December 14, the U.S. Army announced that it would indeed move forward with a court-martial against embattled Army Sergeant Bowe Bergdahl. Bergdahl’s case, which is only gaining more and more national attention, had been in flux for months due to a long and thorough Article 32 hearing concerning the evidence against him. On June …

SGT. BOWE BERGDAHL TO FACE COURT-MARTIAL Read More »

LAWMAKERS CALL FOR ARMY CHILD SEX ABUSE TRANSPARENCY

By Lakmal | December 10, 2015

Three U.S. Senators are now calling for more transparency in the military judicial system following a revealing Associated Press report last month. In the report, investigators concluded that nearly a third of all military inmates were serving time due to child sex abuse charges. As the Hill reports, Senators Barbara Boxer (CA), Mazie Hirono (HI), …

LAWMAKERS CALL FOR ARMY CHILD SEX ABUSE TRANSPARENCY Read More »

ARMY MOUNTS “MISCONDUCT” REVIEW FOLLOWING NPR REPORT

By Lakmal | December 8, 2015

Following allegations that it has wrongly discharged thousands of soldiers suffering from PTSD and TBI for misconduct, the U.S. Army has announced a new review of its separation policies. As Military Times reports, the new investigation was spurred by a dozen senators who publicly called for an evaluation. The move stems from an investigative report …

ARMY MOUNTS “MISCONDUCT” REVIEW FOLLOWING NPR REPORT Read More »

2016 REPORTING SYSTEM PLANNED FOR MILITARY SEX CRIMES

By Lakmal | November 24, 2015

Following a startling AP report on the prevalence of child sex abuse in the military, experts and officials are reiterating the importance of establishing a new reporting system signed into law earlier this year. The system, which is expected to be operational by mid-2016, is aimed at closing disturbing loopholes in sex offender registration for …

2016 REPORTING SYSTEM PLANNED FOR MILITARY SEX CRIMES Read More »

ATTORNEY JOSEPH JORDAN SPEAKS AT RUTH BADER GINSBURG INN OF COURT

By Lakmal | November 20, 2015

Last week, the Oklahoma Bar Association hosted Attorney Joseph Jordan at the Ruth Bader Ginsburg Inn of Court. Attorney Jordan was invited to enlighten the local legal community on the critical differences between civilian and military trials and the best practices in preparing defense strategies for a Court Martial. Attorney Jordan’s presentation counted as a …

ATTORNEY JOSEPH JORDAN SPEAKS AT RUTH BADER GINSBURG INN OF COURT Read More »

JOE BIDEN BRINGS “IT’S ON US” MESSAGE TO NAVAL ACADEMY

By Lakmal | November 20, 2015

The White House’s “It’s on us” campaign to raise sexual abuse awareness of U.S. campuses struck a more specific tone on its first stop at the U.S. Naval Academy earlier this month. There, Vice President Joe Biden linked the fighting of sexual abuse in the military to the honor and responsibility expected of those who …

JOE BIDEN BRINGS “IT’S ON US” MESSAGE TO NAVAL ACADEMY Read More »

CONTROVERSIAL MALE-ON-MALE MILITARY SEXUAL ASSAULT STUDY RETRACTED

By Lakmal | November 12, 2015

Earlier this month, the American Psychological Association published a study that concluded that male-on-male sexual assault in the military was occurring at an alarming, previously unthought-of rate. Now, the study, which appeared in the journal Psychological Services, has been retracted due to findings that the APA is calling “compromised.” As Military Times reports, the initial …

CONTROVERSIAL MALE-ON-MALE MILITARY SEXUAL ASSAULT STUDY RETRACTED Read More »

HONORING SERVICEMEMBERS FOR VETERANS’ DAY 2015

By Lakmal | November 11, 2015

As part of our engagement with military law practice area, we at Joseph L. Jordan, Attorney at Law frequently try to highlight military stories that shine a light on urgent issues, injustices, and crises within the armed forces. The issues and concerns vary, but what they all have in common is that they feature hardworking …

HONORING SERVICEMEMBERS FOR VETERANS’ DAY 2015 Read More »

RATE OF SEXUAL ASSAULT OF MILITARY MEN HIGHER THAN THOUGHT

By Lakmal | November 6, 2015

In a startling new study, researchers report that the occurrence of sexual assault on male military members could be as much as 15 times higher than initially thought. The study, which provided anonymity for its subjects, also highlights a crippling stigma associated with reporting these types of offenses. As Vocativ reports, the study was published …

RATE OF SEXUAL ASSAULT OF MILITARY MEN HIGHER THAN THOUGHT Read More »

NPR ARMY REPORT SPARKS SENATE-MANDATED “MISCONDUCT” INQUIRY

By Lakmal | November 5, 2015

Following a shocking investigative report from NPR last month, a dozen senators are now calling for the Army to investigate the misconduct discharges of nearly 22,000 soldiers since 2009. According to the NPR report, each of those soldiers had exhibited symptoms of combat-related TBI and PTSD and now, due to their less-than-honorable discharge, are cut …

NPR ARMY REPORT SPARKS SENATE-MANDATED “MISCONDUCT” INQUIRY Read More »

ARMY HAS DISMISSED 10,000S OF MENTALLY TRAUMATIZED TROOPS FOR “MISCONDUCT”

By Lakmal | November 2, 2015

In a shocking new report from NPR and Colorado Public Radio, investigators claim that the Army has dismissed tens of thousands of troops with TBI or PTSD issues on the grounds of “misconduct.” Perhaps most alarming of the findings is that, despite Army officials’ claims to the contrary, the practice is likely continuing to thrive …

ARMY HAS DISMISSED 10,000S OF MENTALLY TRAUMATIZED TROOPS FOR “MISCONDUCT” Read More »

IS THE ARMY USING MISCONDUCT-BASED DISCHARGES TO REDUCE ITS RANKS?

By Lakmal | October 28, 2015

The Army is currently experiencing an explosion of misconduct-based disciplinary actions and discharges it has not seen since the 1990s. While officials insist that the spiking discharges are a result of tougher enforcement of Army standards, many others suspect that mass exodus of soldiers is actually peacetime downsizing in disguise– and that it’s unfairly characterizing …

IS THE ARMY USING MISCONDUCT-BASED DISCHARGES TO REDUCE ITS RANKS? Read More »

FUTURE OF AIR FORCE PILOTS PUNISHED FOR TEXTS STILL UNCERTAIN

By Lakmal | October 23, 2015

Earlier this year, the story of four Air Force pilots who received controversial letters of reprimand for unbecoming texts sent to one another made headlines. Now, as the future careers of the pilots still remains uncertain, Air Force Times took a close look at the case against the pilots and spoke to legal experts about Air Force’s …

FUTURE OF AIR FORCE PILOTS PUNISHED FOR TEXTS STILL UNCERTAIN Read More »

ARMY RESTRUCTURING SUBSTANCE ABUSE TREATMENT FOLLOWING CRITICAL REPORTS

By Lakmal | October 21, 2015

In a recent interview, Army Secretary John McHugh has revealed that the Army’s programs for treating soldier alcohol and substance abuse are shifting back to the Army Medical Command from the Installation Management Command. The change comes following a disturbing report from USA Today that detailed the sharp decline in treatment under the Installation Management …

ARMY RESTRUCTURING SUBSTANCE ABUSE TREATMENT FOLLOWING CRITICAL REPORTS Read More »

DEFENSE COUNSEL ARGUES THAT DISMISSED CHARGES AGAINST AIRMAN SHOULD STAND

By Lakmal | October 20, 2015

Last July, Lt. Col. Joshua Kastenberg ruled that the dismissed sexual assault charges against 1st Class Brandon T. Wright had been exposed to “unlawful command influence” in Italy, but that the case should still see a stateside court-martial. Now, Wright’s defense counsel is arguing that the initial dismissal in favor of their client should stand. …

DEFENSE COUNSEL ARGUES THAT DISMISSED CHARGES AGAINST AIRMAN SHOULD STAND Read More »

WILL BOWE BERGDAHL AVOID JAIL TIME?

By Lakmal | October 14, 2015

This month, a second Army official has reportedly come forward and recommended that Sgt. Bowe Bergdahl should not receive jail time for his alleged desertion and misbehavior before the enemy offenses. The recommendation comes a month following Maj. Gen. Kenneth Dahl recommendation, who investigated Bergdahl’s actions in Afghanistan and testified that Jail time would be …

WILL BOWE BERGDAHL AVOID JAIL TIME? Read More »

HILLARY CLINTON PUSHES FOR RETROACTIVE HONORABLE DISCHARGES FOR OUSTED GAY SOLDIERS

By Lakmal | October 6, 2015

On Saturday, October 3, 2015, Democratic presidential candidate Hillary Clinton spoke to the Human Rights Campaign and passionately reiterated her support for the LGBT community. In particular, she told the crowd that she believed that LGBT military service members who have been discharged due to their sexual orientation should receive retroactive honorable discharges. “Don’t Ask, …

HILLARY CLINTON PUSHES FOR RETROACTIVE HONORABLE DISCHARGES FOR OUSTED GAY SOLDIERS Read More »

TWO GREEN BERETS UNDER FIRE FOR ATTACK ON AFGHANI CHILD RAPIST

By Lakmal | September 30, 2015

In 2011, two Army Green Berets stationed in the Kunduz Province assaulted an Afghan police official they had learned had been keeping a young boy in sexual slavery. Now, those two soldiers are gaining support from lawmakers, comrades, and others after being subjected to harsh administrative actions that have effectively ended their careers. As The Daily …

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FOUR AIR FORCE PILOTS REPRIMANDED AFTER QUESTIONABLE SEIZURE OF TEXT MESSAGES

By Lakmal | September 24, 2015

Does the military have the power to seize its service members’ personal data and reprimand them for crimes based on no further evidence? That’s the question that’s being asked by two congressmen to the Air Force, who recently disciplined four pilots whose text messages to each other apparently upset superiors. In addition to the troubling …

FOUR AIR FORCE PILOTS REPRIMANDED AFTER QUESTIONABLE SEIZURE OF TEXT MESSAGES Read More »

AIR FORCE TRANSITIONING TO “POSITIVE” SEXUAL ASSAULT PREVENTION TRAINING

By Lakmal | September 16, 2015

To combat the prevalence of sexual assault within ranks of our military, officials have developed intensive training programs to raise awareness and give service members the knowledge and resources to combat this issue. However much of this kind of training—in the military and elsewhere—focuses on prohibiting certain actions, especially for females. In response, Air Force …

AIR FORCE TRANSITIONING TO “POSITIVE” SEXUAL ASSAULT PREVENTION TRAINING Read More »

“UNLAWFUL COMMAND INFLUENCE” REVERSES 2012 ARMY RAPE CONVICTION

By Lakmal | August 27, 2015

In 2012, Army Staff Sgt. Gabriel C. Garcia was convicted in a court-martial for several sexual offenses, (Maltreatment of several NCO’s & Sexual Harassment of a CW2) the most serious of which were the rape and forced sodomy of an Army paralegal, Staff Sergeant “CC.” Now, three years later, The United States Army Court of …

“UNLAWFUL COMMAND INFLUENCE” REVERSES 2012 ARMY RAPE CONVICTION Read More »

NAVIGATING “FREE SPEECH” FOR SERVICE MEMBERS IN THE WORLD OF SOCIAL MEDIA

By Lakmal | August 24, 2015

“9/11 has officially been declared grandparents day by the Whitehouse. Somebody please f**king kill Obama.” As Jeff B. Woodmansee’s still-relevant piece from The National Law Journal points out, you do not have to search long on social media to find military service members airing their grievances against President Obama and his administration. In “When Soldiers Go Social …

NAVIGATING “FREE SPEECH” FOR SERVICE MEMBERS IN THE WORLD OF SOCIAL MEDIA Read More »

AIR FORCE TO PROCEED WITH SEXUAL ASSAULT CASE FOLLOWING ALLEGED POLITICAL MANIPULATION

By Lakmal | August 14, 2015

The Air Force has ruled that the sexual assault case against Airman 1st Class Brandon T. Wright, despite enduring a tangled history of alleged political influences, will move forward with a court-martial this October. In the July 30 decision, Lt. Col. Joshua Kastenberg recognized that Wright’s initial case had been exposed to “unlawful command influence,” …

AIR FORCE TO PROCEED WITH SEXUAL ASSAULT CASE FOLLOWING ALLEGED POLITICAL MANIPULATION Read More »

RUMORS OF WEAPONS CHARGES SWIRL AFTER NAVY SHOOTING IN CHATTANOOGA

By Lakmal | August 3, 2015

Over this past weekend, to the outrage of many, rumors spread that Navy Lt. Commander Timothy White would face weapons charges due to his role in the Chattanooga shooting last month. White, who allegedly fired back at the perpetrator in that attack, would have needed to carry a personal firearm into the facility to do …

RUMORS OF WEAPONS CHARGES SWIRL AFTER NAVY SHOOTING IN CHATTANOOGA Read More »

DOD TO LOOK INTO RETALIATORY MENTAL DIAGNOSES FOLLOWING SEXUAL ASSAULT CLAIMS

By Lakmal | July 13, 2015

The Department of Defense’s Office of Inspector General (OIG) has announced it will launch a new investigation into certain “personality and adjustment disorder” diagnoses in military personnel since 2009. The announcement comes after long-standing suspicion that the diagnoses—which enforces an immediate discharge from the service—were used as retaliation against military members who came forward with …

DOD TO LOOK INTO RETALIATORY MENTAL DIAGNOSES FOLLOWING SEXUAL ASSAULT CLAIMS Read More »

U.S. SENATE FAILS TO PASS MILITARY SEXUAL ASSAULT REFORM PLAN

By Lakmal | June 18, 2015

Despite the support of nearly 50 other lawmakers, Senator Kirsten Gillibrand of New York has failed to obtain the votes necessary to pass her proposed military sexual assault reform. The measure, which required 60 votes to pass, fell short by only 10 votes in the effort for its inclusion in annual defense authorization bill. As Military …

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SENATORS DISAGREE OVER NEED FOR “INDEPENDENT” PROSECUTORS FOR MILITARY SEX CRIMES

By Lakmal | June 10, 2015

As Congress continues its efforts to finalize the National Defense Appropriations Act—which will dictate all military spending in 2016—one issue has been met with heated contention: military sex crimes. As Stars & Stripes reports , frequent allies Senator Kirsten Gillibrand of New York and Senator Clair McCaskill of Missouri are now at odds over potential reform to military’s response …

SENATORS DISAGREE OVER NEED FOR “INDEPENDENT” PROSECUTORS FOR MILITARY SEX CRIMES Read More »

MARINE COURT-MARTIALED FOR DISPLAYING BIBLE VERSE AT DESK

By Lakmal | June 2, 2015

“No weapon formed against me shall prosper.” Those were the words that have gotten Lance Corporal Monifa Sterling court-martialed and discharged from the U.S. Marine Corps. Sterling was found guilty of bad conduct charges for refusing to remove a piece of paper with the bible passage from her desk at work. According to FOX News, …

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RESERVIST FACEBOOK INVESTIGATION LATEST IN THE GROWING NUMBER OF MILITARY SOCIAL MEDIA CONTROVERSIES

By Lakmal | May 20, 2015

Should military members be held to a higher standard when it comes to their social media activity? That is the question many military authorities are considering as unflattering or controversial social shares by service members are becoming more and more common. As Army Times reports , the latest high-profile case concerns an Alabama Army Reservist who suggested in …

RESERVIST FACEBOOK INVESTIGATION LATEST IN THE GROWING NUMBER OF MILITARY SOCIAL MEDIA CONTROVERSIES Read More »

THE NAVY REPORTS UNEVEN PROGRESS IN COMBATING SEXUAL ASSAULT

By Lakmal | May 11, 2015

According to a new report released earlier this month, the Navy’s efforts to combat the prevalence of sexual assault among its ranks have been moderately successful. The fiscal 2014 Annual Report on Sexual Assault in the Military revealed that while reporting on the crimes has gotten better, no progress has been made in curtailing incidents …

THE NAVY REPORTS UNEVEN PROGRESS IN COMBATING SEXUAL ASSAULT Read More »

BERGDAHL DESERTION CASE POSES RARE DILEMMA FOR ARMY

By Lakmal | May 8, 2015

In 2009, Army Sgt. Bowe Bergdahl allegedly abandoned his post in Afghanistan and was captured by the enemy. Now, five years later, he is back in Army custody and facing rarely-invoked desertion charges that could put him in prison for life. As The LA Times reports , Bergdahl’s circumstances do not constitute a usual desertion case. According to …

BERGDAHL DESERTION CASE POSES RARE DILEMMA FOR ARMY Read More »

IS THE DEFENSE DEPARTMENT HIDING MILITARY SEX CRIME STATISTICS?

By Lakmal | May 6, 2015

According Senator Kirsten Gillibrand of New York, the military sex crime epidemic may be even larger and more prevalent than once thought. According to the Associated Press, the senator has come out this week in an interview with critical remarks for Defense Department, who she claims has not only largely denied her requests for military records, …

IS THE DEFENSE DEPARTMENT HIDING MILITARY SEX CRIME STATISTICS? Read More »

ARMY BANS CONSUMPTION OF HEALTH BAR THAT CONTAINS HEMP SEEDS

By Lakmal | May 4, 2015

In the Army, even trace amounts of THC—the active chemical in marijuana—can result in a failed drug test and disciplinary action. That is why, last month, the Army officially banned “Strong and Kind” bars, popular energy bars from the KIND LLC that contain hemp seeds. According to Army Regulation 600-85, “Soldiers are prohibited from using Hemp …

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U.S. SUPREME COURT RULES THAT K-9 UNIT VIOLATED FOURTH AMENDMENT RIGHTS

By Lakmal | April 22, 2015

Few Constitutional Amendments are reviewed and clarified by the higher courts as much as the Fourth Amendment, which protects citizens against unreasonable searches and seizures. Because the limits of these rights are continually being tested by policy, circumstance, and even technology, higher court decisions are not just instructive for civilian counsel, but for court-martial practitioners, …

U.S. SUPREME COURT RULES THAT K-9 UNIT VIOLATED FOURTH AMENDMENT RIGHTS Read More »

DO THE MARINES HAVE A DISCIPLINARY DOUBLE STANDARD BETWEEN OFFICERS AND ENLISTED?

By Lakmal | April 13, 2015

Should officers and enlisted personnel be held to the same disciplinary standard? That’s the question Blue Force Tracker confronts in a new piece “The shifting standard between officer and enlisted.” In it, the publication recalls the stories of Former Commandant of the Marine Corps James F. Amos and Sergeant Major Kenneth Lovell III—whose stories bare distinct similarities, …

DO THE MARINES HAVE A DISCIPLINARY DOUBLE STANDARD BETWEEN OFFICERS AND ENLISTED? Read More »

SUPREME COURT RULES SATELITE MONITORING CAN VIOLATE FOURTH AMENDMENT RIGHTS

By Lakmal | April 6, 2015

Whether you’re a practitioner of military or civilian law, it is absolutely crucial to stay informed of major legal decisions—especially those concerning constitutional rights. These decisions made by the country’s high courts not only parse some of the most complex and subtle issues to arise in the pursuit of justice, but also provide guidance on …

SUPREME COURT RULES SATELITE MONITORING CAN VIOLATE FOURTH AMENDMENT RIGHTS Read More »

NEW LAWSUIT AIMS TO REMOVE COMMANDERS FROM OVERSEEING SEXUAL ASSAULT CASES

By Lakmal | April 2, 2015

Last month, three former service women and one active-duty service woman filed a federal lawsuit challenging standard military law procedure. The suit calls for the Department of Defense to halt the appointment of commanders to oversee rape and sexual assault cases originating within their own unit. The filing is the just the latest action of …

NEW LAWSUIT AIMS TO REMOVE COMMANDERS FROM OVERSEEING SEXUAL ASSAULT CASES Read More »

COURT RULES THAT CITIZENS’ PRIVACY DOES NOT EXTEND TO SQUAD CARS

By Lakmal | March 27, 2015

The Constitution is the final say on the rights of U.S. citizens, but often these rights need interpretation and clarification to determine if a violation has occurred. When this happens, federal courts will review a case and make a ruling. One of the most commonly ruled upon amendments is the Fourth Amendment, which provides the …

COURT RULES THAT CITIZENS’ PRIVACY DOES NOT EXTEND TO SQUAD CARS Read More »

WHO SHOULD OVERSEE JUNIOR TROOP COURTS-MARTIAL?

By Lakmal | March 24, 2015

A “jury of your peers” is a necessary part of every civilian criminal trial, but in military court-martial, a verdict is rendered by a court-martial panel. However, the case of a Navy seaman convicted of rape is now headed to the military’s highest court – Court of Appeals for the Armed Forces – and may …

WHO SHOULD OVERSEE JUNIOR TROOP COURTS-MARTIAL? Read More »

CONFINEMENT CREDIT & HOW CCFS CAN INHIBIT MILITARY JUSTICE

By Lakmal | February 27, 2015

When a soldier is charged for a crime and there is concern about his or her attendance to the trial, then a judge may find that confinement for that soldier is the best course of action. Pretrial confinement ideally happens at military confinement facility, but when there is not one nearby, the soldier may be …

CONFINEMENT CREDIT & HOW CCFS CAN INHIBIT MILITARY JUSTICE Read More »

COURT RULES THAT SELF-INCRIMINATION DID NOT RESULT IN FOURTH AMENDMENT VIOLATION

By Lakmal | February 24, 2015

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 …

COURT RULES THAT SELF-INCRIMINATION DID NOT RESULT IN FOURTH AMENDMENT VIOLATION Read More »

RECENT 5TH CIRCUIT RULING ON WHEN HOT PURSUIT STOPS AND PROBABLE CAUSE STARTS

By Lakmal | February 20, 2015

While there are many differences between civilian courts and military courts, both share one thing in common: in the case of appeals, when clarification is needed, federal court decisions hold sway and make final determinations. Examining a number of recent rulings, one can identify trends in these federal rulings and how they continue to guide …

RECENT 5TH CIRCUIT RULING ON WHEN HOT PURSUIT STOPS AND PROBABLE CAUSE STARTS Read More »

NEW BILL PUSHES FOR MILITARY SEX OFFENDER DATABASE

By Lakmal | February 13, 2015

Congress is continuing its crack-down on the military’s approach to handling sexual abuse cases. Last Thursday, a new bill was introduced to the House of Representatives to create a new Department of Defense database that would provide local police departments and communities with information on military sex offenders returning home. The bill is sponsored by …

NEW BILL PUSHES FOR MILITARY SEX OFFENDER DATABASE Read More »

“GOOD SOLDIER” DEFENSE NOW BARRED FROM MILITARY COURT

By Lakmal | February 11, 2015

Once a criminal trial begins in civilian court, facts concerning the incident in question are of the utmost importance and there is little opportunity assert the character of the accused. However, in military court, the opposite often proved true and the military service record– submitted as proof of outstanding character– was a critical piece of …

“GOOD SOLDIER” DEFENSE NOW BARRED FROM MILITARY COURT Read More »

JUNIOR OFFICER BLACK MARKS WILL NO LONGER BE MASKED

By Lakmal | February 5, 2015

Since 1997, it has been Army policy that junior officer evaluations would be sealed from boards reviewing captains and chief warrant officers for further promotion. This long-standing policy has now been reversed and all promotion boards will have access to all junior officer records and evaluations. The policy will also stand for school and command …

JUNIOR OFFICER BLACK MARKS WILL NO LONGER BE MASKED Read More »

ARTICLE 32 HEARINGS NOW CONSIDERED “PRELIMINARY HEARINGS”

By Lakmal | January 27, 2015

December 26th, 2014 saw a number of new laws come about that brought sweeping changes to certain military justice procedures, specifically Article 32 hearings. The changes were enacted mostly due to a perceived hostile environment in these hearings, especially for cross-examined victims of alleged sexual assault. Seeking to change this, the President and Congress have passed a …

ARTICLE 32 HEARINGS NOW CONSIDERED “PRELIMINARY HEARINGS” Read More »

WHAT IS A SUMMARY COURT MARTIAL?

By Lakmal | December 8, 2014

Depending on the type of incident in question, there are a few ways that an accused military member can be court-martialed. One of those ways is through a summary court martial. A summary court martial is provided for those who are facing minor incidents or conduct charges. It allows for a simplified procedure to be …

WHAT IS A SUMMARY COURT MARTIAL? Read More »

SOME MARINES TO BE DISCHARGED BEFORE HOLIDAY SEASON

By Lakmal | November 24, 2014

Some Marines may get an early Christmas present this year, coming in the form of early release from active duty. On November 4 th, it was posted in a Marine administrative message that Marines that are scheduled to separate from active duty between December 15 th and January 5 th and are usually granted leave for the holiday season can …

SOME MARINES TO BE DISCHARGED BEFORE HOLIDAY SEASON Read More »

DRILL SERGEANT COURT-MARTIALED FOR SEXUAL MISCONDUCT

By Lakmal | November 18, 2014

One of the hot-button topics concerning the military has been cases of sexual assault and preventing these incidents in the future. The latest studies even suggest that occurrences of sexual assault against military members are more prevalent than previously thought. Another such story made headlines recently, as a Fort Leonard drill sergeant is being court-martialed …

DRILL SERGEANT COURT-MARTIALED FOR SEXUAL MISCONDUCT Read More »

ALLEGED AIR FORCE ACADEMY SEXUAL ASSAULT VICTIM RELUCTANT TO TESTIFY

By Lakmal | November 18, 2014

A recent Air Force Academy hearing resulted in an alleged victim stating that the accused was their friend and they did not want to see them on trial. The accused is a third-year Air Force Academy cadet that has been charged with sexual assault and abusive sexual contact. The cadet further faces a charge of …

ALLEGED AIR FORCE ACADEMY SEXUAL ASSAULT VICTIM RELUCTANT TO TESTIFY Read More »

THREE SOLDIERS CHARGED WITH HUMAN SMUGGLING

By Lakmal | November 3, 2014

What happens when a person commits a crime for the potential betterment of another person? The recent influx of immigrants along the border of Mexico is associated with gang-related violence in South America, and many women, children, and families are seeking asylum and protection from these conditions. Recently, three American soldiers were arrested on charges …

THREE SOLDIERS CHARGED WITH HUMAN SMUGGLING Read More »

MILITARY MISHANDLED CHILD SEXUAL ASSAULT CASES

By Lakmal | October 22, 2014

A recent report has found that the military’s investigations into child sexual abuse allegations were improperly done and contained deficiencies. Ten cases were suggested to be reopened to correct the faults found in the investigations. REPORT REVEALS COMMON CASE DEFICIENCIES The Inspector General of the United States Department of Defense released a report in September …

MILITARY MISHANDLED CHILD SEXUAL ASSAULT CASES Read More »

CAN I GET A DISCHARGE UPGRADE?

By Lakmal | October 14, 2014

A veteran may seek to upgrade their military discharge for several reasons. Whether you are seeking to clear your name and restore your honor or want to obtain the VA benefits you feel are rightfully yours, there are several options available to you. WHICH BOARD SHOULD I APPLY TO? In order to have your discharge …

CAN I GET A DISCHARGE UPGRADE? Read More »

ENCOURAGING SIGNS FROM NAVY’S NEW SEXUAL ASSAULT TRAINING

By Lakmal | October 10, 2014

The Navy is stepping up its efforts to curb sexual assaults on its bases by adding more informational and engaging training sessions. This is in addition to revising its policies on reporting, investigating, and prosecuting sexual assaults. They have also put better protections in place for victims. The Navy has spent the last few years …

ENCOURAGING SIGNS FROM NAVY’S NEW SEXUAL ASSAULT TRAINING Read More »

ADULTERY IN THE MILITARY: UNDERSTANDING THE CHARGES

By Lakmal | September 22, 2014

The military has strict standards of discipline, especially in regards to adultery. Since military personnel are expected to represent the armed forces as a whole, any service member who commits actions that negatively impact or dishonor the military can be charged under the Uniform Code of Military Justice (UCMJ). The UCMJ covers several offenses, including …

ADULTERY IN THE MILITARY: UNDERSTANDING THE CHARGES Read More »

MORE CHARGES BROUGHT FORWARD FOR SAILOR’S HOMICIDE

By Lakmal | September 15, 2014

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 …

MORE CHARGES BROUGHT FORWARD FOR SAILOR’S HOMICIDE Read More »

WORLDWIDE MILITARY CRIMINAL DEFENSE

By Lakmal | July 25, 2014

Joseph L. Jordan, Attorney at Law has established himself as an experienced and effective military criminal defense lawyer. As a former Army enlisted soldier, Army combat arms officer, and Army JAG Corps officer, Attorney Jordan understands the importance of protecting the name and rank of service members facing criminal charges. Throughout his years focusing on …

WORLDWIDE MILITARY CRIMINAL DEFENSE Read More »

IS GOING AWOL EVER THE RIGHT OPTION?

By Lakmal | July 22, 2014

Here is an example. This is a hypothetical situation and is in no way an actual case. SGT John Brown’s uncle passed away. He brought this to the attention of his command; however, they had just returned from block leave and he didn’t have any remaining leave days. The commander wouldn’t authorize emergency leave because …

IS GOING AWOL EVER THE RIGHT OPTION? Read More »

ATTORNEY JOSEPH L. JORDAN BECOMES MEMBER OF THE NATIONAL TRIAL LAWYERS: TOP 40 UNDER 40

By Lakmal | July 11, 2014

Joseph Jordan, UCMJ Law is proud to announce that Attorney Joseph L . Jordan recently earned inclusion to The National Trial Lawyers: Top 40 Under 40 – a professional legal organization that recognizes the top trial lawyers in the United States. The National Trial Lawyers is a professional invitation-only organization that reviews nominees using a rigorous, multi-phase …

ATTORNEY JOSEPH L. JORDAN BECOMES MEMBER OF THE NATIONAL TRIAL LAWYERS: TOP 40 UNDER 40 Read More »

WHAT ARE PANDERING CHARGES?

By Lakmal | June 25, 2014

Pandering charges refer to inducing, enticing, or procuring an act of prostitution. Although pandering may seem an inconsequential act, especially in foreign countries where prostitution may be legal or tolerated, it is a serious military crime that poses serious penalties. If you or someone you know is a service member facing allegations for pandering, working with …

WHAT ARE PANDERING CHARGES? Read More »

WHAT ARE THE PENALTIES FOR ARTICLE 15 CHARGES?

By Lakmal | June 19, 2014

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 …

WHAT ARE THE PENALTIES FOR ARTICLE 15 CHARGES? Read More »

DEFENSE SECRETARY CALLS ON NAVAL ACADEMY GRADS TO END MILITARY SEXUAL ASSAULT

By Lakmal | May 30, 2014

This month, the Naval Academy’s 164th graduation ceremony ushered in more than a thousand new officers to the fleet. In total, the academy’s graduation class produced 784 Navy ensigns and 265 Marine Corps second lieutenants. Approximately 20% of commissioned officers were women. During the commencement and commission of the Class of 2014, keynote speaker Secretary of …

DEFENSE SECRETARY CALLS ON NAVAL ACADEMY GRADS TO END MILITARY SEXUAL ASSAULT Read More »

IS THERE A JURY IN A COURT MARTIAL?

By Lakmal | May 14, 2014

Trials by courts-martial are military courts that dispose of serious offenses for service members. In many ways, court martial hearings are similar to civilian criminal hearings, but there are also many differences. Because juries are comprised of the defendant’s peers, military court martial cases do have juries, but these juries are comprised of commissioned officers …

IS THERE A JURY IN A COURT MARTIAL? Read More »

PROPOSED BILL WOULD GET RID OF “GOOD SOLDIER DEFENSE” IN MILITARY SEXUAL ASSAULT CASES

By Lakmal | May 12, 2014

A new bill proposed last week – on Monday, May 5th – would prevent service members facing sexual assault allegations from using the “good soldier defense.” This means that there would be no consideration of a service member’s military character when deciding whether they should be prosecuted for sexual assault. The 2015 Defense authorization bill, which …

PROPOSED BILL WOULD GET RID OF “GOOD SOLDIER DEFENSE” IN MILITARY SEXUAL ASSAULT CASES Read More »

QUESTIONS RAISED OVER PROSECUTION, CONVICTION RATES FOR MILITARY SEXUAL ASSAULTS

By Lakmal | May 7, 2014

In light of a new report released by the Justice Department last week, questions are being raised regarding the amount of military sexual assault cases resulting in convictions. The report – which was released on May 1st and detailed in a previous blog – revealed that of the 5,061 reported assaults and more than 2,100 cases that could …

QUESTIONS RAISED OVER PROSECUTION, CONVICTION RATES FOR MILITARY SEXUAL ASSAULTS Read More »

WHAT TO LOOK FOR WHEN HIRING A COURT MARTIAL ATTORNEY

By Lakmal | May 5, 2014

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 …

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DOD: REPORTS OF MILITARY SEXUAL ASSAULT INCREASE BY 50 PERCENT

By Lakmal | May 2, 2014

According to new statistics released by the Department of Defense on Thursday, May 1, the number of reports of military sexual assault increased by 50% last year. Although this may seem shocking, officials are viewing the increase in filed claims as a positive sign that the system is working. The military has faced years of …

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WHY IT IS IMPORTANT FOR YOU TO BE ACTIVE IN YOUR DEFENSE

By Lakmal | April 16, 2014

When you’re in trouble and you ask for help, you expect the best possible effort that the person you reach out to can provide. You want them to represent you in a manner that best displays your remorse, character, and/or innocence. If you’re reaching out to a friend then you would have no reason to …

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FREE LEGAL ADVICE FOR VETERANS THIS FRIDAY

By Lakmal | April 10, 2014

The Bell County Bar Association will offer free legal advice at a clinic this Friday afternoon at Texas A&M University – Central Texas. The clinic will be held at Founder’s Hall on the main campus of the university from 1p.m. to 4p.m. All U.S. veterans and spouses of deceased veterans are welcome, free of charge. At the …

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CGIS: COAST GUARD INVESTIGATIVE SERVICE

By Lakmal | April 9, 2014

Each branch of the U.S. military has its own investigative service unit. In the Coast Guard, this unit is referred to as CGIS or Coast Guard Investigative Service. CGIS a branch of the military that has the authority to act in a federal law enforcement capacity. It derives this authority from Title 14 of the …

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NCIS: NAVAL CRIMINAL INVESTIGATIVE SERVICE

By Lakmal | April 2, 2014

The Naval Criminal Investigative Service, or NCIS, is the investigative branch of the U.S. Navy and U.S. Marine Corps. NCIS is responsible for investigating and bringing an end to all criminal, terrorist or foreign intelligence activities that may pose a threat to the Navy or Marine Corps. Their jurisdiction and reach extends to acts committed …

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AFOSI: AIR FORCE OFFICE OF SPECIAL INVESTIGATIONS

By Lakmal | March 26, 2014

The Air Force Office of Special Investigations (AFOSI) is a federal agency that has the full power to conduct criminal investigations, act in a federal law enforcement capacity and provide counter-intelligence services to the Air Force, Department of Defense and the U.S. Government as a whole. The AFOSI’s mission is “to identify, exploit and neutralize …

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CID: THE INVESTIGATIVE BRANCH OF THE U.S. ARMY

By Lakmal | March 19, 2014

Criminal Investigation Division (CID), or Criminal Investigation Command, is the investigative branch of the U.S. Army. With less than 2000 soldiers and civilians along with close to 900 special agents working on its behalf, the CID works diligently to investigate any serious crimes which may be of interest or consequence to the Army and its …

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U.S. ARMY GENERAL PLEADS GUILTY TO SEX CRIMES, AVOIDS SEXUAL ASSAULT CHARGES

By Lakmal | March 18, 2014

An Army general pled guilty to multiple sex crime charges involving a “tumultuous and illicit affair” with a subordinate female officer, news sources report. The decision followed a plea bargain that dropped additional charges held against him, including sexual assault. During the plea, the general admitted to causing the woman, “emotional harm and suffering” throughout their relationship. In …

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MILITARY CRIMINAL DEFENSE ATTORNEY JOSEPH JORDAN ANSWERS FREQUENTLY ASKED QUESTIONS

By Lakmal | March 17, 2014

Attorney Joseph Jordan has been interviewed recently by various high profile media outlets. Here are the answers to the most common questions he gets regarding military criminal defense. I AM CURIOUS IF YOU HAVE NOTICED ANY CHANGE IN HOW THE MILITARY CONDUCTS COURTS-MARTIAL REGARDING SEXUAL ASSAULTS? A: Yes. There are many codified changes to how the military conducts …

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UNDERSTANDING YOUR ARTICLE 31 RIGHTS

By Lakmal | March 12, 2014

Article 31 of the Uniform Code of Military Justice gives members of the military certain rights when they come under investigation or are placed under arrest. These rights are similar to the Miranda Rights that give civilians the right to remain silent and to have an attorney present during questioning. Military members who want to …

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ARMY’S TOP SEXUAL ASSAULT PROSECUTOR IS SUSPENDED FOLLOWING ALLEGATION OF SEXUAL ASSAULT

By Lakmal | March 7, 2014

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 …

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HOW LONG DOES A COURT-MARTIAL NORMALLY TAKE?

By Lakmal | March 5, 2014

The one and only true answer is, it depends. It depends on whether this is a Summary Court-Martial, a Special Court-Martial or a General Court-Martial. The one commonality in the timeline of Special Court-Martial Cases and General Court-Martial Cases is the investigation. Often times, when a cases starts, the investigation will take up the longest amount of time. Generally, …

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WHAT IS DIFFERENT ABOUT SEX ASSAULT COURTS MARTIAL NOW THAN LAST YEAR?

By Lakmal | March 3, 2014

On December 25, 2013, President Obama signed a defense bill that changed how cases of sexual assault are managed within the military justice system. Any person found guilty of sexual assault will be subject to dishonorable discharge, and their commanders no longer have the ability to reverse the decision of the jury. New provisions allow …

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WHAT ARE THE DIFFERENT TYPES OF COURTS MARTIAL?

By Lakmal | February 24, 2014

Under the UCMJ, there are three possible types of courts martial that can be convened. The determination on what type is convened is based upon the rank of the accused as well as the type of criminal offense involved. As with civilian court, the accused must be proven guilty beyond a reasonable doubt, but military court has an …

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WHAT IS A COURT MARTIAL?

By Lakmal | February 18, 2014

Members of the armed forces are subject to the UCMJ, or the Uniform Code of Military Justice, as well as state courts. If a member of the military has violated any part of the code, a court martial can, and often times will, be convened. The type of court martial will be determined by the severity of the …

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COMMON QUESTIONS ABOUT COURT-MARTIALS

By Lakmal | February 5, 2014

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 …

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WELCOME TO OUR NEW WEBSITE AND BLOG!

By Lakmal | April 23, 2013

We are pleased to announce the launch of our new Military Defense website and blog!

ARTICLE 31 RIGHTS

By Lakmal | August 17, 2012

Service Members have rights! If you are suspected of a criminal offense in violation of the UCMJ, you must be given your Article 31 rights before anyone can interrogate or question you. Interrogation includes any formal or informal questioning on the part of a law enforcement official such as OSI, NCIS, CID or CGIS. Typically law …

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KEY ISSUE ARISES AS TRAINER’S HEARING CONCLUDES

By Lakmal | August 17, 2012

Were the Air Force trainees who had sex with their superiors in a supply room “grown women” who could make their own decisions or “impressionable teenagers” still under the sway of those who directed every aspect of their lives for the preceding 8½ weeks? That was the ultimate question put forth during the Article 32 …

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INVESTIGATION INTO AIR FORCE TRAINERS’ ALLEGED SEXUAL MISCONDUCT UNDER WAY AT LACKLAND

By Lakmal | August 17, 2012

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. …

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LARCENY AND FINANCIAL FRAUD

By Lakmal | August 14, 2012

Article 121 of the UCMJ specifies the provisions regarding punitive measures to be adopted against service members accused of larceny. As you can imagine, the law is a minefield, with many elements capable of different interpretations. Larceny and financial fraud typically happen through the theft of basic housing allowance (BAH), through wrongful claims of travel …

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MILITARY BOARD OF INQUIRY

By Lakmal | August 14, 2012

If you are an army or air force officer accused of serious misconduct, a Board of Inquiry (BOI) might be ordered to investigate the misconduct allegations. Your entire record would be up for consideration, and the procedure carries grave risks. You might be discharged, reduced in rank, or have your service characterized as Other Than …

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SEXUAL ASSAULT IN THE MILITARY

By Lakmal | August 14, 2012

Sexual assault in the military: The military has launched an unprecedented attack on disputed sexual intercourse by its personnel. Congress has declared an unofficial war on sexual assault in the military and they don’t care about guilt or innocence. Congress just wants results! It is a nightmare scenario where the victim’s testimony is believed without …

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WHY HIRE A CIVILIAN MILITARY DEFENSE ATTORNEY?

By Lakmal | August 14, 2012

A Civilian Military Defense Attorney works for you! The military will provide you with a military defense attorney. However, such attorneys often urge the accused to plead guilty, without giving the evidence and the case, its due chance. Military Defense counsel still draw a pay check from the Government. Additionally your assigned military defense counsel …

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