Those of us who engage with discharge reviews, correction boards, and federal court on behalf of service-members are used to reading about the presumption of regularity–it’s a regular defense by the gubmint to an applicants claim. “I was improperly discharged.” A: “We can’t find any record of your discharge. Because…
You’ll remember Hills, Hukill, and Guardado. Basically, there are problems when the prosecution tries to invoke MRE 413 or 414 when all of the alleged events are charged. The result has been many cases being dismissed and sent for retrial or alternative actions. But, as reflected below, not all cases…
The author of this article clearly doesn’t understand. THE BIGGEST OBSTACLE TO THE PENTAGON’S WAR ON SEXUAL ASSAULT: THE MILITARY JUSTICE SYSTEM: A legal principle intended to protect service members after World War II has spawned a dangerous precedent.
Amy Howe, SCOTUSBlog reports on a new decision relevant to military practitioners. Opinion analysis: Justices decline to extend Fourth Amendment’s “automobile exception” When two Virginia police officers searched for the motorcyclist who had eluded them by driving away at speeds of up to 140 miles per hour, they probably would not…
The Supreme Court, however, “has long recognized that the military is, by necessity, a specialized society separate from civilian society” and “that the military has, again by necessity, developed laws and traditions of its own during its long history.” See Parker v. Levy, 417 U.S. 733, 743, 94 S. Ct. 2547, 2555, 41 L.…
Though not raised by Appellant, an error in the staff judge advocate’s recommendation (SJAR) compels us to remand the case for new post-trial processing. United States v. Spelts, Air Force Court of Criminal Appeals (May 2018). Now for this. The Government would be well-advised to find no solace in our resolution…
Friend DP notes a pending Supreme Court petition in Gamble v. United States. It looks like the case was supposed to have been presented at Thursdays conference. Issue: Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause. If the court grants the petition and…
Meet service members entrusted with guarding nuclear missiles that are among the most powerful in America’s arsenal. Air Force records obtained by The Associated Press show they bought, distributed and used the hallucinogen LSD and other mind-altering illegal drugs as part of a ring that operated undetected for months on…
Military personnel interviewed as a suspect by a MCIO are never told they are under arrest, but that’s the effect of the MCIO taking fingerprints, “mug-shots” and DNA. Once “arrested” you become titled and that information goes into the federal data base. Same if you are prosecuted, although the MCIO…
I’m having a problem with some appellate cases. The charges are referred, trial sessions are held, for one reason or another the charges are withdrawn, and then they come back. When the ROT is prepared the earlier hearings are not part of the ROT, why not? One of these days…