Sources of Military Law

Unfortunately, actually nailing down military law can be difficult.  There are many sources of military law.  They are, generally, the Uniform Code of Military Justice (UCMJ), the Rules for Courts-Martial (RCM), the Manual For Courts-Martial (MCM), the Military Rules of Evidence (MRE), regulations issued by military departments and commanders, and, finally, case law established by […]

Another Adverse Privileging Action Win!

10 U.S. Code Section 1102 provides: Medical quality assurance records created by or for the Department of Defense as part of a medical quality assurance program are confidential and privileged.  Because of that, I can’t share many details of my military medical provider adverse privileging action wins; however, I have now won cases in all […]

Court-martial verdict voting – the best process.

In courtrooms across the United States – both state and federal – juries are told to go into jury deliberations room and reach a verdict.  The jury enters the deliberation room and re-appears some time later with a verdict on the charges.  The procedure employed to reach that verdict, however, varies from jury to jury, […]

Another Military Drug Lab Revelation

This week there was another revelation about military drug labs and military drug testing that undermines the reliability of the system.  I have previously spoken about the employee tampering at the Norfolk Navy Drug Testing Laboratory (NDSL) before it was shut, the false positives at NDSL Great Lakes and San Diego (before it was shut […]

Jacksonville Military DUI

DISCLAIMER:  This article is for general awareness only and is not legal advice.  Every criminal defendant’s case is unique and requires independent legal analysis.  If you desire legal advice, you should contact an attorney. Jacksonville, Florida is the home of Naval Station Mayport, the second largest surface ship base on the East Coast, and Naval […]

Officer Special Court-Martial

There has been a lot of press recently about the court-martial for the former Skipper of the USS JOHN S. MCCAIN that occurred at the Washington Navy Yard on May 25, 2018.  The MCCAIN collided with another ship on August 21, 2017 off Singapore, which resulted in the loss of 10 Sailors.  CDR Alfredo Sanchez […]

Restitution in Federal Cases – Don’t expect to just give back what you received.

In criminal law, the purpose of a court ordering restitution is to make a victim who suffered a loss from the criminal activity of the defendant “whole.”  Making a victim “whole” means financially reimbursing the defendant for losses including out-of-pocket expenses related to the criminal activity.  Making a victim whole, however, doesn’t necessarily mean the […]

Navy SEALs Test Positive for Drugs

Just like every member of the military – including the brand new E-1 – Navy SEALs have to take random urinalysis at least once per year.  Last week, it was widely publicized that ten enlisted Navy SEALs and a Naval Special Warfare support Sailor popped positive for controlled substances in drug tests and now face […]

National Security Adjudicative Guidelines – Security Clearance Law

On December 10, 2016, James Clapper, then the Director of National Intelligence, issued revised National Security Adjudicative Guidelines to become effective June 8, 2017.  As background, the Adjudicative Guidelines are used by the executive agencies, including the Department of Defense (DoD), to determine initial or continued eligibility for access to classified information or eligibility to […]

Article 112a Defense, Inferences, and Military Positive Drug Tests

Article 112a, UCMJ, Wrongful Use of a Controlled Substance, has two related elements: (1) use of a controlled substance, that is (2) wrongful.  The term “controlled substance” is defined in Article 112a, UCMJ, in three ways: (1) by what is listed in the text of the article, (2) through reference to a schedule as prescribed […]