Any experienced military appellate lawyer will tell you that the chances of winning on appeal can be low, depending on the issues raised in the appellate briefs. The hardest issue to have a court of criminal appeals dismiss the charges because they did not find there was enough evidence to…
Statutes of limitations are legal deadlines for filing criminal charges. They are essential because: Statutes of limitations are crucial in preserving evidence and ensuring a fair trial. As time passes, evidence can deteriorate, witnesses can forget details or become unavailable, and memories can become less reliable. This can significantly…
Reasonable doubt is the fundamental pillar protecting the rights of accused service members in a court martial. It is a legal standard that ensures a fair and just process and safeguards against the potential for wrongful convictions. The prosecutor must prove a case beyond a reasonable doubt, a crucial safeguard…
According to multiple news reports, the president-elect’s transition team is “compiling a list of senior current and former U.S. military officers who were directly involved in the withdrawal from Afghanistan and exploring whether they could be court-martialed for their involvement….” https://www.nbcnews.com/politics/politics-news/trump-transition-team-compiling-list-current- former-us-military-office-rcna180489 . There are no on-the-record sources for the…
How the prosecution charges a sexual assault is important because consent has different legal meanings. United States v. Mendoza is an important new case that highlights the issue. As military appellate defense lawyers and trial defense counsel we have been arguing the Mendoza issue for some time (as have others).…
The Army Court of Criminal Appeals has issued an important decision in United States v. Brassfield, __ M.J. ___ (Army Ct. Crim. App. 2024) (en banc) The court reaffirms that a servicemember accused of assault against their child may raise the defense of “it was parental discipline.” The definition of…
There is good news for about 800 prior servicemembers who where discharged because of their sexuality. At leadership’s direction, the Services have completed 800 of 863 discharges without the person having to apply for one. “[O]f the nearly 13,500 individuals who were administratively separated under Don’t Ask, Don’t Tell policy,…
As a trial and appellate lawyer, I pay attention to word and phrase choices because of the potential effect on the reader or listener. You may be familiar with the saying, ‘it’s not what you say (write) but what the other person hears (reads).’ The point is that the listener…
Military.com reports new efforts within the Marine Corps to track extremism in the ranks. Drew F. Lawrence, Marine Corps Extremist, Gang Activity Must Be Immediately Reported Up the Chain, Service Says. Military.com, 4 September 2024. The Marine Corps is streamlining how its commands report protests, extremism and gang activity among Marines, according…
It is reported by Stars & Stripes that the NDAA for 2025 will include a provision barring testing for marijuana of new applicants for military service. The NDAA proposal’s idea is that the marijuana testing requirement discourages potential recruits from enlisting. This concern is particularly significant because the Services are…