Military appellate lawyers know the mantra: This Court has an independent obligation to review each case de novo to ensure the factual and legal sufficiency of the findings. Article 66(c), UCMJ, 10 U.S.C. § 866 (2012); United States v. Turner, 25 M.J. 324 (C.M.A. 1987). In doing so, this Court is empowered to substitute its…
Continue reading ›In today’s military I have to wonder what people may be thinking. Some time ago the Army had a prostitution scandal. Now apparently the Navy. Prostitution is illegal and various acts involving prostitution are illegal under the UCMJ. The Stars & Stripes has this report today. The former command master chief of the USS Germantown…
Continue reading ›The Army JAG Corps has been rocked with some significant sexual assault allegations. One of them involved Major Erik Burris, who until last year was the Chief of Justice (senior prosecutor) at Fort Bragg, NC. He has now been convicted himself of various sexual assault allegations, and has been sentenced to serve 20 years confinement…
Continue reading ›The FBI reports that allegation of rapes (revised definition) declined 10.1 percent, in the first half of 2014.
Continue reading ›No. 14-0660/AR. U.S. v. Michael C. Budka. CCA 20120435. On further consideration of the granted issues (74 M.J. __ (C.A.A.F. Oct. 23, 2014)), and the briefs of the parties, we first conclude that the United States Army Court of Criminal Appeals did not abuse its discretion and did not violate the principle of party presentation,…
Continue reading ›[youtube https://www.youtube.com/watch?v=TZrzCAuiw7w]
Continue reading ›Sgt. Maj. of the Army Ray Chandler announced this week that senior enlisted personnel would be rated on their ability to police online social media activity, in what many are nicknaming the “Facebook bullet” on the non-commissioned officer report (NCOER). So reports Duffelblog. I’ve always been of the view that there is a little or…
Continue reading ›The Marine Corps Times reports the court-martial conviction of a female guard at Miramar Naval Consolidated Brig, CA. Kohlman’s misconduct came to light when the prisoner, Shane Bardes, came forward last year with a detailed statement alleging she and other guards had taken advantage of his status as a prisoner to engage in various acts…
Continue reading ›Please see the NIMJ announcement of the Barry and Jenkins writing awards at this link. Kevin J. Barry Award for Excellence in Military Legal Studies. This award recognizes an outstanding article published in an academic or professional journal, and honors the memory of an outstanding scholar and peerless advocate of reform: Kevin J. Barry, a…
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