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On 8 June, our firm reported that the Secretary of the Navy was issuing new guidelines for processing cases involving medical evaluation boards and ...

Contrary to popular belief, drug testing labs are not always perfect. Every now and again we receive phone calls from military members who simply have ...

A recent article in the Navy Times provides an important reminder of how important it is to seek counsel before accepting or refusing nonjudicial ...

On November 17, 2016, Mr. Pristera argued the case of United States v. Cook on appeal at the United States Air Force Court of Criminal Appeals. The ...

As a litigator, I can say that I have memorized the definition of reasonable doubt in each of the branches. Many times I have stood in front of a jury ...

We receive a number of inquiries every month about maximum punishments under the Manual for Courts-Martial. Here is the maximum punishment chart for ...

NEW 2019 MANUAL FOR COURTS-MARTIAL PDF Presidential Order Part I, Preamble Part II, Rules for Courts-Martial Part III, Military Rules of Evidence Part ...

Yesterday we received a Brady notice regarding the military drug labs. Brady, of course, is a landmark Supreme Court case holding that in a criminal ...

Appearing before the Army Clemency and Parole Board in Washington DC can be a stressful event. By the time of the hearing, families are often ...

We receive a number of inquiries every month about maximum punishments under the Manual for Courts-Martial. Here is the maximum punishment chart for ...

NEW 2019 MANUAL FOR COURTS-MARTIAL PDF Presidential Order Part I, Preamble Part II, Rules for Courts-Martial Part III, Military Rules of Evidence Part ...

New 2019 Manual for Courts-Martial PDF Presidential Order For those interested, here are some Army training materials on the new amendments to the ...

One purpose of this blog is to comment on trends in military justice. One of the trends I've seen lately is military defense counsel advising clients ...

NEW 2019 MANUAL FOR COURTS-MARTIAL PDF Presidential Order Part I, Preamble Part II, Rules for Courts-Martial Part III, Military Rules of Evidence Part ...

Among the matters you should consider are: [appropriate selections may be made from the following list] The accused's age. The accused's good military ...

In Part I of this blog series, I posted some data from the Department of Justice on false allegations. In Part II, I'll discuss the literature on ...

In 1983, a woman was attacked near the Quantico Marine Base in Virginia. The victim's description of her assailant prompted the military officers to ...

Under the US Constitution, an accused enjoys the right to a speedy trial. US v. Danylo, 73 M.J. 183 (C.A.A.F. 2013). A service members 6th Amendment ...

Under R.C.M. 906 (b)(8), the defense may move the court for relief from pretrial confinement in violation of R.C.M. 305. The defense, as the moving ...

CBD oil, or cannabidiol , is a derivative of industrial hemp and contains little to no THC (tetrahydrocannabinol). THC is the substance that military ...

This morning we received a phone call with a question about Article 31, UCMJ rights. The more you know, the better you can make informed decisions. ...

As a litigator, I can say that I have memorized the definition of reasonable doubt in each of the branches. Many times I have stood in front of a jury ...

In 1983, a woman was attacked near the Quantico Marine Base in Virginia. The victim's description of her assailant prompted the military officers to ...

Expert witnesses can be a critical part of any court-martial. Service members have a right to confidential experts. See United States v. Turner , 28 ...

On 19 June 2018, in US v. Dinger, the Court of Appeals for the Armed Forces set aside some previous precedent suggesting that retired members could ...

We always aim to provide feedback on the discharge review boards after a personal appearance. The composition of the board changes regularly and ...

In recent months, this firm has seen an uptick in the number of marijuana cases in the military. Marijuana is increasingly available as states across ...

On 8 June, our firm reported that the Secretary of the Navy was issuing new guidelines for processing cases involving medical evaluation boards and ...

CBD oil, or cannabidiol , is a derivative of industrial hemp and contains little to no THC (tetrahydrocannabinol). THC is the substance that military ...

Over the last 10 years, the firm has seen an increasing number of cases involving performance-enhancing drugs, steroids, and banned pro-hormones. The ...

Yesterday we reported that an experiment at the military drug labs showed that leakage during the shipping process could potentially cross-contaminate ...

CBD oil, or cannabidiol , is a derivative of industrial hemp and contains little to no THC (tetrahydrocannabinol). THC is the substance that military ...

The backlog at the Army Board for Correction of Military Records has been an ongoing problem for some time. In the past, the ABCMR has cautioned that ...

If you're going to shoot at the king, you'd better make sure you kill him. This week, attorneys for Sgt Bowe Berghdal will argue a motion to ...

We occasionally receive questions about whether communications between a husband and wife are admissible in a court-martial. The basic rule is in ...

I've spent the last week trying a major sexual assault case at Fort Bragg. An army master sergeant was accused of raping his adult biological ...

As a litigator, I can say that I have memorized the definition of reasonable doubt in each of the branches. Many times I have stood in front of a jury ...

Over the last few years, Article 120 and the law of sexual assault in the military has undergone seemingly never-ending revisions. ​ One of the ...

We receive a number of inquiries every month about maximum punishments under the Manual for Courts-Martial. Here is the maximum punishment chart for ...

NEW 2019 MANUAL FOR COURTS-MARTIAL PDF Presidential Order Part I, Preamble Part II, Rules for Courts-Martial Part III, Military Rules of Evidence Part ...

Yesterday we received a Brady notice regarding the military drug labs. Brady, of course, is a landmark Supreme Court case holding that in a criminal ...

Attorney Daniel Conway is a partner in the firm. He has published a Handbook of Military Crimes and Offenses. He has also been featured by nearly ...

Attorney Daniel Conway is a partner in the firm. He has published a Handbook of Military Crimes and Offenses. He has also been featured by nearly ...

There is very little research into false allegations of sexual assault. It is a toxic subject area. In most cases, there is very little evidence to ...

The Board for Correction of Naval Records is now updated their webpage to permit online applications. http://www.secnav.navy.mil/mra/bcnr/Pages/Start_ ...

On 8 June, our firm reported that the Secretary of the Navy was issuing new guidelines for processing cases involving medical evaluation boards and ...

A recent article in the Navy Times provides an important reminder of how important it is to seek counsel before accepting or refusing nonjudicial ...

We receive a number of inquiries every month about maximum punishments under the Manual for Courts-Martial. Here is the maximum punishment chart for ...

NEW 2019 MANUAL FOR COURTS-MARTIAL PDF Presidential Order Part I, Preamble Part II, Rules for Courts-Martial Part III, Military Rules of Evidence Part ...

Yesterday we received a Brady notice regarding the military drug labs. Brady, of course, is a landmark Supreme Court case holding that in a criminal ...

Over the last few years, Article 120 and the law of sexual assault in the military has undergone seemingly never-ending revisions. ​ One of the ...

The Maywand District killings involved the deaths of at least 3 Afghan civilians by a group of U.S. Army soldiers in 2010. The soldiers became known ...

On March 16, 1968, Soldiers were accused of killing hundreds of civilians in My Lai, Vietnam. The Company Commander - Captain Medina - was accused of ...

In 2003, reports of prisoner abuses at the infamous Abu Ghraib prison were made public. With a presidential election looming in 2004, the politics ...

A recent article in the Navy Times provides an important reminder of how important it is to seek counsel before accepting or refusing nonjudicial ...

The Secretary of the Navy has announced a new administrative separation policy for Sailors and Marines with PTSD and TBI. In the past, misconduct ...

In every Army discharge review board and Board for Correction of Military Records case, the board writes a decisional document. We recently received a ...

There is very little research into false allegations of sexual assault. It is a toxic subject area. In most cases, there is very little evidence to ...

Referral to a command directed mental health evaluation can be an extremely unsettling experience. In our experience, it's not unusual for commands to ...

Digital forensic evidence is increasingly becoming a part of the military criminal defense. The use of digital evidence is now present in nearly every ...

On 22 June 2018, the United States Supreme Court issued their ruling in the Carpenter case. The case could have some application for military ...

We occasionally get asked whether military members can revoke a consent to search. The answer is yes. The sooner you revoke the consent to search the ...

This week we learned that Mr. Pristera successfully represented an Air Force NCO facing suspension of her security clearance for financial ...

The Army Reserve and National Guard "Enlisted Administrative Separations" regulation has an important feature that is important to remember in ...

The Secretary of the Navy has announced a new administrative separation policy for Sailors and Marines with PTSD and TBI. In the past, misconduct ...