The recent Army Court of Criminal Appeals decision in the case of the United States v. Johnson, Case No.: 20220117 (A. Ct. Crim. App., 2024) reveals that it is not enough for a one's lawyer to know when to object but also for one's lawyers to have a sufficient court-room presence from which to in...
A receipt ruling by the U.S. Supreme Court in Smith v. Arizona allow a knowledgeable defense counsel to preclude the introduction of hearsay laboratory evidence and challenge the use of experts against military defendants.
The Court of Appeals for the Army Forces (C.A.A.F.) recently issued an opinion in the case of the United States v. Chief Machinery Technician, (E-7), Fernando M. Brown, and overturned Chief MK Brown's court-martial conviction for disrespect under Article 91 of the Uniform Code of Military Justice...
New York's Code of Military Justice fails to enumerate a prohibition against marijuana use.
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 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 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...
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 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,...
"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...
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...
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...
