Court-Martial Trial Practice Blog
This week we received the decision of the Army Court of Criminal Appeals of a client accused of homosexual sexual assaults.
He had been convicted and sentenced to 14 years of confinement.
We raised many issues during his appeal. The Army Court found a serious error by the military judge in denying the defense presenting evidence of other sexual acts of the alleged victim. This issue usually comes up in a Military Rule of Evidence 412 motion. Here, the military judge botched it.