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…
18 U.S.C. § 922, part of the Gun Control Act of 1968, is one of the most important federal statutes regulating firearms and ammunition in the United States. It delineates specific prohibitions on the possession, sale, transfer, shipment, and receipt of firearms and ammunition under various circumstances. The statute aims…
United States v. Mendoza, No. 23‑0210 (C.A.A.F. Oct. 7, 2024), along with a review of the historical evolution of Article 120, UCMJ. The Air Force is now challenging four decisions of the Air Force Court of Criminal Appeals (AFCCA) before the Court of Appeals for the Armed Forces (CAAF) because they disagree…
A recent case from the Court of Appeals for the Armed Forces (CAAF) highlights the ongoing problem of third-party consent to search of you property. For example, your wife consents. United States v. Brinkman‑Coronel, Docket No. 24‑0159 (C.A.A.F. May 28, 2025) U.S. Courts – Armed Forces+1Justia Law+1, with historical context…
If you are convicted of certain offenses or a sentenced to a dishonorable discharge, you may lose your right to own, possess, use, and buy a firearm. Your military defense lawyer can tell about the effects of those convictions under the UCMJ. United States v. Johnson, No. 24‑0004 (C.A.A.F. 2025), along with…
United States v. Thomas, Docket No. 24‑0147 (C.A.A.F. June 2025). Batson challenges are relatively rare in courts-martial, and that’s something your military defense counsel should know about. Thomas is a recent example of how such a challenge should be conducted and evaluated. The history of Batson v. Kentucky, 476 U.S.…
Military defense counsel advised a client in trouble under the UCMJ will know about the right to silence and counsel. 1. Fifth Amendment Rights & Article 31, UCMJ — Overview Fifth Amendment Guarantees the right against self-incrimination in both civilian and military contexts. Under Miranda v. Arizona, custodial interrogation requires…
United States v. Mellette. Your military defense counsel needs to know about and understand this case. 📘 1. Background and Prior History Accused & ChargesEM1 (Nuclear) Wendell E. Mellette, Jr. was tried by general court-martial at NAS Jacksonville in August 2019. Contrary to his plea, he was convicted under Article 120b,…
Case Summary and Analysis: United States v. Forney, 67 M.J. 271 (C.A.A.F. 2009), that your military defense lawyer should consider. The Court of Appeals for the Armed Forces is about to get the case of United States v. Rocha, to consider private conduct which may or may not offend. I.…
There are new reports that gambling by servicemembers is becoming a significant problem. Patty Nieberg, Gambling addiction in the military may be going unnoticed, advocates warn. Task & Purpose, 3 July 2025. Gambling is not per se criminalized under the Uniform Code of Military Justice (UCMJ), but it can be…
For those who practiced under the “old” Article 32, UCMJ, it was considered an important stage in whether a person would be prosecuted at a general court-martial. Any military defense counsel who practiced before 2020, they would remember what the original Court of Military Appeals (CMA) (the name has since…