Virginia Military and Veteran Legal Resource Guide Attorney General Mark R. Herring has created the Virginia Military and Veteran Legal Resource Guide, a new tool to help Virginia servicemembers, military families, and veterans understand the unique legal protections, rights, and resources available to them under the law. Volunteer attorneys from…
In my case of United States v. Lightsey, the CAAF has set-aside the decision of the Air Force Court of Criminal Appeals, and has ordered a new review to consider the impact of United States v. Hukill. Hukill applied the court’s decision in United States v. Hills to military judge…
Military veterans keep secrets from the battlefield. But retired Marine Richard Cachola’s refusal to reveal details of a traumatic experience he had while serving in Iraq — and the mental health treatment he received as a result — put him at risk of losing custody of his children. “My PTSD has no…
Sexual Harassment Prevention & Response Program, OPNAVINST 5300.13. Equal Opportunity Program, OPNAVINST 5354.1G.
As I have argued, for some time in courts-martial, sex offender registration is effectively a punishment in today’s society–despite what legislators and courts say. Well, now we have an interesting decision from the Pennsylvania Supreme Court, in a 3-1 decision, about ex post facto changes to SOR. [T]he provisions of…
The DoD Joint Service Committee on Military Justice has some new “publications” on its website. But more importantly, there are a number of proposed changes not yet on their site (but which are available on CAAFLog). A draft Executive Order indicating an effective date for the MJA of January 1,…
The military does not have Alford pleas. In an Alford Plea, the criminal defendant does not admit the act but admits that the prosecution could likely prove the charge. The court will pronounce the defendant guilty. The defendant may plead guilty yet not admit all the facts that comprise the…
By order of the Chief Judge, the United States Court of Appeals for the Armed Forces will be closed all day on Monday, July 3, 2017. For purposes of computation of time and motions to enlarge time under the Court’s Rules of Practice and Procedure, July 3, 2017, will be…
In 2002, Lester Packingham became a convicted sex offender at the age of 21, after he pleaded guilty to taking indecent liberties with a child – having sex with a 13-year-old girl. Packingham got into hot water with the law again in 2010, when he posted on Facebook to thank…
I have discussed before how very difficult it is for an appellant to get a federal court to review and overturn a court-martial conviction. Here is Randolph v. United States, a federal circuit case reviewing an attempt to get relief via the Court of Federal Claims. The United States Department…