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 on recusal and consent-search doctrine…
Continue reading ›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 broader context on…
Continue reading ›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. 79 (1986), in courts-martial reflects…
Continue reading ›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 Article 31, UCMJ 2. Summary of United States v. Reimonenq (USCG CCA, June 2025) A Coast Guard sailor, Damage Controlman Third Class Reimonenq,…
Continue reading ›United States v. Mellette. Your military defense counsel needs to know about and understand this case. 1. Background and Prior History 2. Navy-Marine Corps CCA Decision (May 14, 2021) 3. CAAF Review and Remand Thus, the matter was remanded for further proceedings to assess the level of privilege, appropriate waiver, and prejudice armfor.uscourts.gov+3Department of Justice+3armfor.uscourts.gov+3.…
Continue reading ›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. Background and Procedural History Lieutenant…
Continue reading ›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 punished under several punitive articles…
Continue reading ›The recent Coast Guard case outlines nicely for an accused and military defense counsel how an appellate court evaluates lengthy post-trial delay. 1. Governing Framework for Post‑Trial Delay Courts evaluate post‑trial processing under two independent regimes: Doctrine Trigger Test Relief Constitutional Due Process Delay that is facially unreasonable Case‑by‑case screening (after United States v. Chock,…
Continue reading ›What is the bottom line for a military defense counsel or accused who want to sever court-martial charges? Southworth is the leading military case on the subject. Factual Synopsis Appellant faced a single, joint general court‑martial for two sexual‑assault episodes committed on successive evenings, 5–6 August 1995. The first involved AL, an adult Navy sailor,…
Continue reading ›In Weisbeck, the Court of Appeals for the Armed Forces addressed the question of a delay in trial after the accused hired a civilian counsel. This is a case your military defense counsel should be aware of. The case does not hold that a delay is automatic, but it does outline how an accused may…
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