Articles Posted in Bergdahl

The NMCCA has issued two significant opinions this week, one of which is worth the read while the United States prosecution of Bowe Bergdahl continues.

United States v. Solis, __ M.J. ___ (N-M Ct. Crim. App. 2016).  The case presents discussion of continuing issues relating to the nature of the proof and member (jury) instructions in military sexual assault cases.  These types of cases, especially where alcohol is involved present complex challenges to the military defense counsel.

  1. Article 120(b)(3)(A) of the UCMJ is unconstitutional because the language “incapable of consenting to the sexual act because she was impaired by . . . alcohol” is unconstitutionally vague.

The pretrial appellate litigation in Bergdahl is effectively over–charges are referred to trial and he has been arraigned.

For those interested in the litigation to get access to UCMJ art. 32 hearing documents, I have collated the documents here.

There is a new effort to get quicker media access to trial documents from the Hearst Corporation.  See, Diego Ibarguen/COL Nance, MJ, ltr of 4 Jan 2016.