Military defense counsel have to be aware of statutory interpretation and how to decide what is the definition of words in a UCMJ crime.
https://www.court-martial-ucmj.com/defining-meaning-from-words-in-a-statute/
A person being tried at court-martial may have their case dismissed before the members (jury) reach any findings. One way that can happen is when the military judge declares a mistrial. Your mili...
Are military law enforcement investigations complete, thorough, and unbiased? It depends. The MCIO leadership and agents will tell you they are. Our experience over the years both as military def...
https://www.court-martial-ucmj.com/regrettable-errors-by-svc-and-tc/
14 September 2020, the court issued a published opinion in United States v. Livak, it’s a Moreno case analyzed with the new rules in mind. Appellant claims that his due process rights were viol...
https://www.court-martial-ucmj.com/afcca-published-opinion-on-post-trial-moreno-delay/
An accused in pretrial confinement awaiting trial receives day for day credit toward any sentence to confinement. In the old days, we referred to that as “Allen credit.” Note, an accused may ...
https://www.court-martial-ucmj.com/nullification-of-ptc-credit/
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 int...
https://www.court-martial-ucmj.com/challenge-sex-offender-registration-pennsylvania/
In United States v. Hills, 75 M.J. 350 (C.A.A.F. 2016), the Court of Appeals for the Armed Forces decided that– ecause the evidence of the charged sexual misconduct was already admissible in o...
https://www.court-martial-ucmj.com/hills-hukill-trailer-interest/
The Court of Appeals for the Armed Forces has decided United States v. Wilson, __ M.J. __, No. 16-0267/AR, for the appellant. The issue was: Whether the military judge erred in denying the defe...
https://www.court-martial-ucmj.com/fence-structure-not-make/
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...
https://www.court-martial-ucmj.com/new-nmcca-cases-worth-read/
In United States v. Mercier, __ M.J. __, No. 20160318 (C.G. Ct. Crim. App. Mar. 18, 2016) the court denied a Government interlocutory appeal of a military judge’s ruling that found that a speci...