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Apr
Attorney Jon Shelburne of Military Justice Attorneys has secured a not-guilty verdict for a Fort Cavazos Soldier who was charged with murder. Staff Sergeant Marlone Best fatally shot Larry Kidd Jr. in an altercation, but a self-defense argument posed by Attorney Shelburne convinc...
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Apr
There are all types of charges under the Uniform Code of Military Justice (UCMJ) and therefore all types of potential defenses. Whether a defense applies depends on the specific facts of the case, the offenses alleged, and the law. Here we discuss some of the most common court-ma...
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Apr
Guaranteed by the Fifth and Sixth Amendments to the United States Constitution, the right to counsel is arguably the most important guarantee in the Bill of Rights because it is through counsel that all other rights are protected. It is the attorney who preserves the rights of th...
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Apr
The Sixth Amendment to the United States Constitution guarantees a criminal defendant the right to a speedy and public trial. In the military, the Sixth Amendment speedy trial protections are triggered upon preferral of charges or the imposition of pretrial restraint (e. g. confin...
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Apr
Criminal defendants in the United States are presumed to be innocent under the law. While an accused is never required to prove his or her innocence, the Constitution does guarantee them the right to present a defense if they so choose. This includes the right to have notice of t...
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Apr
The right to trial by jury is the cornerstone of the American system of justice. James Madison, one of the major contributors to the Constitution, stated that “Trial by jury is essential to secure the liberty of the people as any one of the pre-existent rights of nature. ” The bel...
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Apr
The right to remain silent is one of the most important rights to a person suspected of criminal misconduct. Provided by the Fifth Amendment to the United States Constitution and Article 31, Uniform Code of Military Justice (UCMJ), the right to remain silent allows a service memb...
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Apr
Service members convicted at court-martial can face significant punishments. Depending on the nature and severity of the crime, these punishments can include years in confinement, discharge from the military, reduction in rank, forfeiture of pay and allowances, and even death in ...
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Apr
It has long been speculated that ingestion of legally purchased foods containing poppy seeds could result in a positive urinalysis for morphine or codeine. In 2023, the Department of Defense finally confirmed these suspicions and suspended reporting of codeine results on all urin...
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Apr
On December 23, 2022, President Biden signed the National Defense Authorization Act (NDAA) for Fiscal Year 2023 (FY23) into law. The NDAA contains important updates to military law including recission of the COVID-19 vaccine mandate, expanded judicial review of court-martial conv...
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Apr
The military’s authority to place a service member in pretrial confinement recently received national attention after Marine Lieutenant Colonel Stuart Scheller was placed in the brig following a series of social media posts and videos he made criticizing the American withdrawal f...
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Apr
With the COVID-19 vaccination now here, the Department of Defense has begun distributing the vaccine to military installations worldwide. But some military service members may still be skeptical about taking the vaccine due to concerns about its safety or effectiveness. These con...
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