We occasionally receive questions about whether communications between a husband and wife are admissible in a court-martial.The basic rule is in Military Rule of Evidence 504. The rule basically provides that a person has a privilege to refuse to testify against his or her spouse during and after the marriage about communications while they were...

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 daughter. It’s a rare type of accusation. Our expert psychiatrist searched over 12 million records in a medical database and could not find any literature on the topic. Nonetheless, the persistence...

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 and discussed that definition.Each of the branches has slightly different definitions of reasonable doubt. The definition of reasonable doubt can often mean the difference between...