Understanding the Army Promotion Review Board (PRB)
A Promotion Review Board (PRB) is used to consider the promotion status of officers recommended for removal from a promotion list. The board is most often convened post-selection because of newly discovered adverse information. Army Regulation 600-8-29 provides guidance for ...
New navy legal guidelines for processing disability and misconduct cases
On 8 June, our firm reported that the Secretary of the Navy was issuing new guidelines for processing cases involving medical evaluation boards and ...
Independent Testing of Drug Samples in the Military
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 ...
Mr. Pristera argues us v. Cook at the air force court of criminal appeals - ineffective assistance of counsel and new trials at issue
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 ...
Fight over the Definition of Reasonable Doubt in the Air Force Headed to the Military's Highest Court
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 ...
New Air Force Policy on the use of CBDs (cannabinoids)
Last week the Air Force published a new policy regarding the use of CBD products . The policy was in the wake of US v. Pugh . The Pugh case dealt with ...
We receive a number of inquiries every month about maximum punishments under the Manual for Courts-Martial. Here is the maximum punishment chart for ...
2019 Court-Martial Changes - Military Court-Martial Lawyers
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 ...
Understanding the Army Promotion Review Board (PRB)
A Promotion Review Board (PRB) is used to consider the promotion status of officers recommended for removal from a promotion list. The board is most ...
We receive a number of inquiries every month about maximum punishments under the Manual for Courts-Martial. Here is the maximum punishment chart for ...
2019 Court-Martial Changes - Military Court-Martial Lawyers
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 ...
Article 32 Investigation Waivers - When Does It Make Sense
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 ...
2019 Court-Martial Changes - Military Court-Martial Lawyers
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 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 ...
What is CBD? CBD oil, or cannabidiol, is a derivative of industrial hemp and contains little to no THC (tetrahydrocannabinol). THC is the substance ...
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. ...
Fight over the Definition of Reasonable Doubt in the Air Force Headed to the Military's Highest Court
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 ...
Court of Appeals for the Armed Forces Reverses Precedent Holding That Retired Sailors and Marines Can Receive a Punitive Discharge at a Court-Martial
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 ...
Marijuana, the military, innocent ingestion, and the pot brownie defense
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 ...
New navy legal guidelines for processing disability and misconduct cases
On 8 June, our firm reported that the Secretary of the Navy was issuing new guidelines for processing cases involving medical evaluation boards and ...
What is CBD? CBD oil, or cannabidiol, is a derivative of industrial hemp and contains little to no THC (tetrahydrocannabinol). THC is the substance ...
Over the last 10 years, the firm has seen an increasing number of cases involving performance-enhancing drugs, steroids, and banned pro-hormones. The ...
Army and marine corps pause drug courts-martial and separation boards because of potential errors at drug lab
Yesterday we reported that an experiment at the military drug labs showed that leakage during the shipping process could potentially cross-contaminate ...
What is CBD? CBD oil, or cannabidiol, is a derivative of industrial hemp and contains little to no THC (tetrahydrocannabinol). THC is the substance ...
Current army board for correction of military records response times
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 ...
Fight over the Definition of Reasonable Doubt in the Air Force Headed to the Military's Highest Court
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 ...
2019 Court-Martial Changes - Military Court-Martial Lawyers
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 ...
Experiment Showing Potential for Error at the Military Drug Labs
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 ...
Recent research into false allegations of sexual assault
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 ...
Board for Correction of Naval Records Accepting Online Applications
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_ ...
New navy legal guidelines for processing disability and misconduct cases
On 8 June, our firm reported that the Secretary of the Navy was issuing new guidelines for processing cases involving medical evaluation boards and ...
We receive a number of inquiries every month about maximum punishments under the Manual for Courts-Martial. Here is the maximum punishment chart for ...
2019 Court-Martial Changes - Military Court-Martial Lawyers
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 ...
Experiment Showing Potential for Error at the Military Drug Labs
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 ...
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 ...
ABCMR and ADRB Insights in PTSD Discharge Upgrade Cases
In every Army discharge review board and Board for Correction of Military Records case, the board writes a decisional document. We recently received a ...
Recent research into false allegations of sexual assault
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 ...
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 ...