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The Brief 

​News, insights, and information on all things related to military criminal defense.

Army December 2017 Court-Martial Results Analysis - Favorable Results in Contested Sexual Assault Trials

2/11/2018

 

In December 2017, the Army published results for 35 courts-martial. Given the holiday month, 35 is ten to fifteen trials below average.

As a military defense firm, we're largely tracking how defendants are faring in contested trials. In other words, are juries returning not guilty verdicts. Overall, results in contested sexual assault trials were overwhelmingly favorable to the accused.

Of the 35 trials, twelve were contested in whole or in part (34%). Seven of those contested cases involved sexual assault as the most serious offense. A jury or judge acquitted all seven times in December. In 3 cases the judge or jury convicted on a lesser offense of assault or adultery.

There were two manslaughter cases. Mr. Conway handled one of them. We contested the case and the was a conviction with a 6 month sentence. In the other case, the accused pleaded guilty and received a 7 year sentence. Again, a panel was far more favorable.

The take away for an accused facing charges is that military panels will return acquittals when presented with reaps able doubt.

Contests General Court-Martials
-Sexual assault acquittal
-Negligent homicide acquittal - wrongful use and manslaughter conviction
-Abusive sexual contact acquittal - assault consummated by battery conviction
-Aggravated assault acquittal
-Mixed verdict to assault and other charges
-Rape acquittal - mixed plea to adultery
-Matratment acquittal - mixed plea to failure to obey an order
-Sexual assault acquittal, mixed verdict to assault consummated by battery
-Sexual assault acquittal

Judge Contested General Court-Martials
-Sexual abuse of a child acquittal
-Sexual assault acquittal
-Desertion conviction

General Court-Martial Guilty Pleas
Aggravated assault
Larceny / AWOL
Assault consummated by battery
Sexual assault
Sexual abuse of a child
Sexual abuse of a child
Involuntary manslaughter
Sexual assault of a child
AWOL and Drug distribution
Sexual assault
Sexual assault of a child
Larceny
Sexual assault of a child
Larceny

Special Court-Martial Guilty Pleas
Drugs
Assault consummated by battery
AWOL and Drugs
Dereliction of Duty
AWOL
​AWOL
Assault consummated by battery
AWOL and Larceny
​AWOL

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  • Court-Martial Lawyers
    • The Court-Martial Process >
      • General Court-Martial
      • Impeachment Techniques
      • Special Court-Martial
      • Right to Counsel
      • Military Jury Selection
      • Right to a Speedy Trial
      • Your Rights >
        • The Military Rules of Evidence >
          • MRE 311 - Searches and Seizures
          • MRE 412 - Victim's Prior Behavior
          • MRE 413 - Accused's Prior Behavior
          • MRE 613 - Prior Inconsistent Statements
          • MRE 801 - Hearsay
          • MRE 803 - Common Hearsay Exceptions
          • MRE 807 - Residual Hearsay
        • Military Motions Practice >
          • Affirmative Defenses
          • Failure to State an Offense
          • Motion to Suppress Involuntary Statements >
            • Article 31 UCMJ
          • Motion to Suppress - No Rights Advisement
          • Unlawful Command Influence
          • Motion to Change the Location of Trial
          • Unreasonable Multiplication of Charges
        • Court-Martial Consequences
        • Sex Offender Registration
        • Military Protective Orders
        • Family Advocacy Program
      • Right to Experts
      • Release from Pretrial Confinement
    • Military Sexual Assault Lawyer >
      • Substantial Incapacitation >
        • Blackouts
    • Failed Urinalysis >
      • Innocent Ingestion
      • Drug Detection Windows >
        • Cocaine Factsheet
        • Marijuana Factsheet
        • Diazepam Factsheet
        • Morphine and Heroin Factsheet
        • Methadone Factsheet
        • Methamphetamine Factsheet
      • Command Urinalysis Program
      • Performance Enhancing Drugs
    • Article 80 Attempts
    • Article 81 Conspiracy
    • Article 118 Murder
    • Article 128 Assault >
      • Maltreatment
      • Theft and Larceny Cases >
        • Article 132 Frauds Against the United States
      • Parental Discipline Cases
    • AWOL and Desertion >
      • Article 85 Desertion
    • Article 133 Conduct Unbecoming
    • Disrespect Offenses >
      • Failure to Obey an Order
    • Article 107 False Official Statements >
      • Obstruction of Justice
    • Pornography Cases
  • Court-Martial Appeals
    • Petitions for a New Trial
    • Legal and Factual Insufficiency of the Evidence
    • Summary Court-Martial
    • Multiplicity in the Military
    • Sentencing Severity
  • Security Clearances
  • Medical Cases
    • Health Care Providers
    • Post Traumatic Stress
  • Military Law Blog
  • Notable Cases
    • My Lai
    • Abu Ghraib
    • Haditha
    • Maywand District Murders
    • US v Scott
    • MARSOC
  • Military Case Results
  • Attorneys
    • Gary Myers
    • Daniel Conway
    • Brian Pristera
    • Lauren Johnson-Naumann
    • Joseph Galli
  • Military Law Videos
  • Free Initial Consultation
  • Military Law Search
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