Recent News
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Navy Court-Martial Results For November 2016 – 66% Acquittal Rate in Contested Sexual Assault Cases
Jan 12, 2017The latest court-martial results for the Navy are for November 2016.Even though every case is unique, once again the numbers seem to support choosing a jury over a guilty plea or judge.The Navy held 21 courts-martial in November 2016. This blog has previously reported that the Navy dealt out about 75% of their cases in...View Article -
Military Spousal Privilege
Jan 11, 2017We 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...View Article -
Appearing Before the Army Clemency and Parole Board
Jan 6, 2017Appearing before the Army Clemency and Parole Board in Washington DC can be a stressful event. By the time of the hearing, families are often mentally, emotionally, and financially drained by the court-martial process and consequences. Having a lawyer at the Clemency and Parole Board is usually a luxury.When that day finally comes, you will...View Article -
Navy Court-Martial Results For October 2016 – 50% Acquittal Rate in Contested Sexual Assault Cases
Dec 28, 2016The Navy has released its courts-martial data for October 2016. Here is our analysis. We count 29 General and Special courts-martial across the Navy. Once again, the Navy dealt out a lot of cases – 20 (75%). Another case (21) was a mixed plea. The Sailor was found guilty of the remaining offenses. The 8 remaining cases...View Article -
Firm Court-Martial Results for 2016
Dec 23, 2016Mr. Conway following a full acquittal at Fort Carson. It’s that time of year where we can look back and evaluate our results in trial for the year. On our results page, we’ve posted short summaries of all of the courts-martial that Mr. Conway appeared in. We may be the only firm that provides end of year litigation statistics....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 -
Latest Intel from the Army Discharge Review Board
Nov 8, 2016We always aim to provide feedback on the discharge review boards after a personal appearance. The composition of the board changes regularly and success can sometimes be personality dependent on the membership of the board. On 7 November, Mr. Pristera represented a former Army National Guard NCO in a request for a discharge upgrade. The NCO was mobilized...View Article -
Article 32 Investigation Waivers – When Does It Make Sense
Oct 20, 2016One 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 to waive their right to the Article 32 Investigation – particularly in sexual assault cases.As a civilian lawyer practicing exclusively military law, I have a unique perspective. I’m doing...View Article -
Marijuana, The Military, Innocent Ingestion, and The Pot Brownie Defense
Oct 18, 2016In recent months, this firm has seen an uptick in the number of marijuana cases in the military. Marijuana is increasingly available as states across the country decriminalize the drug. CONTACT US! The military, however, maintains a zero-tolerance attitude towards illegal drugs of any kind. As edible marijuana products become more popular, the risk of...View Article -
The Proofs Are In On Our New Book
Oct 14, 2016Several years ago when a major publisher in the legal field was looking to improve their library on military topics, they approached Mr. Myers and Mr. Conway about doing a book. Our firm made perfect sense for a book. We are one of the most experienced firms in practice. After several years of work, the proofs...View Article