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Military Justice Updates

Alcohol, Consent & Sexual Assault

Posted by Matthew Jubelt | Aug 14, 2022 | 0 Comments

Sexual Assault has and continues to make headlines at military installations and college campuses throughout the United States.  Frequently, persons believed to be alleged victims of assault can in fact be persons who are not victims, but individuals who lawfully and voluntarily consented to sexu...

Preliminary Hearing for Felony Charges 

Posted by Matthew Jubelt | Jun 01, 2021 | 0 Comments

Preliminary Hearing for Felony Charges  Question: What is a preliminary hearing? Answer: A preliminary hearing on a felony complaint is the first opportunity for a defendant who is held in pre-trial detention on a felony charge to be heard in front of a judge. Generally speaking, it is requir...

Flying Evaluation Boards ("Flight Boards")

Posted by Matthew Jubelt | May 27, 2021 | 0 Comments

Flying Evaluation Boards or “Flight Boards” as they are commonly called, reflect the Army's effort to maintain the rigorous professional standards that are established for military aviators. In the U.S. Army a flight board is convened in accordance with Army Regulation 600-105, Aviation Service o...

Military Separation Boards and Boards of Inquiry

Posted by Matthew Jubelt | May 27, 2021 | 0 Comments

The procedures for the separation of enlisted personnel is dependent upon the component of service. Although Active Duty enlisted separations are regulated under AR 635-300, Reserve and National Guard enlisted separations are regulated under AR 135-178. Each regulation sets forth different proc...

After the Verdict | A Court-Martial Appeal

Posted by Matthew Jubelt | May 27, 2021 | 0 Comments

After a court-martial, unlike many civilian courts, confinement begins immediately after a trial is over, unless deferred by the convening authority. The Government will, in many cases, be required to compile a verbatim transcript, along with the allied papers to include reports, investigations,...

Honor Code Violations at West Point during COVID-19

Posted by Matthew Jubelt | Dec 26, 2020 | 0 Comments

"I will not lie, cheat, steal or tolerate those who do."  With the Cadets largely working remotely during the 2020 academic semester, the United States Military Academy (USMA) received significant attention in the press as of recent based upon the revelation that more than seventy cadets were acc...

Robert B. Berghdahl Petitions CAAF

Posted by Matthew Jubelt | Dec 26, 2020 | 0 Comments

Miscellaneous Docket - Filing No. 21-0091/AR. Robert B. Bergdahl, Appellant v. United States, Appellee. CCA 20200588. Notice is given that a writ-appeal petition for review of the decision of the United States Army Court of Criminal Appeals on application for extraordinary relief and action on t...

UCMJ Article 84 | Breaking Quarantine

Posted by Matthew Jubelt | May 29, 2020 | 0 Comments

Issue Two  of the 2020 Army Lawyer provides a timely analysis of the newly codified Article 84 of the Uniform Code of Military Justice, Breach of Medical Quarantine.   An estimated 1.3 million active duty service members are subject to some form of COVID-19 restrictions, as a result, it is antic...

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