The Army Court of Criminal Appeals (ACCA) decided United States v. Varlaro, ARMY 20240319, 2026 CCA LEXIS 309 (A. Ct. Crim. App. 29 Jun. 2026), on 29 June 2026. The opinion answers a question the Court of Appeals for the Armed Forces (CAAF) left open in United States v. Saul, 86 M.J. 30 (C.A.A.F. 2025):…
Continue reading ›The jurisdiction question The United States Army Court of Criminal Appeals (ACCA) decided United States v. Thomas, ARMY 20240080, 2026 CCA LEXIS 318 (A. Ct. Crim. App. 8 Jul. 2026) (mem. op.), on 8 July 2026. An officer panel convicted Captain Thomas, contrary to his pleas, of sexual assault, two specifications of sexual assault of…
Continue reading ›A partner in an affair asked to speak as a victim at sentencing. The military judge said yes. The United States Army Court of Criminal Appeals (ACCA) said no, and then affirmed the sentence anyway. The Decision On 24 July 2026, ACCA issued its summary disposition in United States v. Ayuso, ARMY 20240332 (Army Ct.…
Continue reading ›CAAF holds that a represented Marine had a statutory right to counsel at a second NCIS interview, then holds that nothing happens when investigators ignore it. On July 23, 2026, the United States Court of Appeals for the Armed Forces (CAAF) decided United States v. Deremer, No. 25-0158/MC, 2026 CAAF LEXIS 616 (C.A.A.F. July 23,…
Continue reading ›The Case in Brief The Navy-Marine Corps Court of Criminal Appeals decided United States v. Sanchez, No. 202500114, on May 28, 2026. A military judge at a general court-martial at MCAS Miramar convicted a 19-year-old Marine, in accordance with his pleas negotiated with the Office of Special Trial Counsel, of two specifications of sexual abuse…
Continue reading ›The Case in Brief The Navy-Marine Corps Court of Criminal Appeals decided United States v. Fulsom, No. 202500166, on May 29, 2026. Officer members at a general court-martial at Joint Base Pearl Harbor-Hickam convicted a 19-year-old Lance Corporal, contrary to his pleas, of attempted sexual assault of a child and attempted sexual abuse of a…
Continue reading ›The Case in Brief The Navy-Marine Corps Court of Criminal Appeals decided United States v. Durbin, No. 202400333, on June 2, 2026, over a dissent. A military judge sitting alone at a special court-martial at Camp Lejeune convicted Captain Durbin, contrary to her pleas, of one specification of conduct unbecoming an officer under Article 133,…
Continue reading ›The Case in Brief The Navy-Marine Corps Court of Criminal Appeals decided United States v. Benton, No. 202400332, on June 5, 2026. A military judge sitting alone at a special court-martial at Marine Corps Air Station Cherry Point convicted Private First Class Benton, contrary to his pleas, of breaching restriction under Article 87b, UCMJ, and…
Continue reading ›The Coast Guard Court of Criminal Appeals returned to United States v. Reimonenq for a second time and affirmed the findings and sentence. The opinion carries three practical lessons for any service member facing a court-martial: a suppression win can reshape plea negotiations, a broad waiver clause can end later appellate review, and a military…
Continue reading ›Analysis of United States v. Simmons, NMCCA No. 202500108 The unpublished NMCCA decision in Simmons is a modern, post-Military Justice Act application of a much older problem addressed in United States v. Palenius, 2 M.J. 86 (C.M.A. 1977): what does trial defense counsel still owe the accused after sentence is announced? 1. The Palenius baseline…
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