Category: Court Of Criminal Appeals
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US V. CPL Lindsey Scott
Feb 1, 2019In 1983, a woman was attacked near the Quantico Marine Base in Virginia. The victim’s description of her assailant prompted the military officers to convict and court-martial Corporal Lindsey Scott, the only black MP in the Quantico Criminal Investigation Division, despite his pleas of innocence. He was initially convicted and sentenced to 30 years in...View Article -
Right to Expert Witnesses in a Court-Martial
Jan 28, 2019Expert witnesses can be a critical part of any court-martial. Service members have a right to confidential experts. See United States v. Turner, 28 M.J. 487, 489 (C.M.A. 1989); United States v. King, 32 M.J. 709 (A.C.M.R. 1991). Under R.C.M. 701 (f), their confidential assistance is subject to the attorney-client privilege and the work product privilege.As a matter of military...View Article -
Court of Appeals for the Armed Forces Reverses Precedent Holding that Retired Sailors and Marines Can Receive a Punitive Discharge at a Court-Martial
Jun 23, 2018On 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 not receive a punitive discharge at a court-martial.10 U.S.C § 6332 states that when a member in the Naval Service is placed in a retired status, that “transfer is conclusive...View Article -
Mr. Pristera Argues US V. Cook at the Air Force Court of Criminal Appeals – Ineffective Assistance of Counsel and New Trials at Issue
Nov 30, 2016On 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 unique appeal presented diametrically opposing positions where Mr. Pristera had to concurrently argue for a new trial based on newly discovered evidence under R.C.M. 1210, and also ineffective assistance...View Article -
The Definition of Incapacitation Under Article 120 – US V. Newlan
Sep 19, 2016Over the last few years, Article 120 and the law of sexual assault in the military has undergone seemingly never-ending revisions.One of the biggest challenges has been defining the concept of “incapacitation.”Articles 120 (b)(3)(A) and 120 (d) prohibit sexual activity with a person incapable of consenting because of impairment from drugs or alcohol.Several years ago,...View Article -
Attacking Article 133 – Conduct Unbecoming Charges – on Constitutional Grounds
Feb 9, 2016We recently had a successful result when a judge dismissed Article 133 – Conduct Unbecoming charges in an officer general court-martial. As a matter of philosophy, Mr. Conway is aggressive in Article 133 cases about challenging the allegations based on failure to state an offense and the concept of void for vagueness. The officer had been accused...View Article -
Electronic Media Not Chargeable Under Article 121
Nov 23, 2015In an interesting case – United States v. Stevens, __ M.J. __, No. 201400330 (N-M. Ct. Crim. App. Nov. 10, 2105) The Navy-Marine Corps Court of Criminal Appeals ruled that electronic media without a tangible form do not fall within the definition of Article 121. Basically, the accused pleaded guilty to using a stolen credit card to...View Article