When the Court of Appeals for the Armed Forces (CAAF) decided U.S. v. Hoffman in 2015, it signaled a potential shift in the application of the good-faith doctrine. In Hoffman, base authorities arrested Appellant, suspecting him of driving around post…
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The Court of Appeals for the Armed Forces (CAAF), decided U.S. v. White, on November 9, 2020. In White, the military judge suppressed evidence of child pornography, finding no probable cause. The military judge also found the good-faith exception did…
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In various forums, there’s been debate about the suitability of the Orders Project. CAAFlog shared a post from retired Major General Charles Dunlap, the former deputy judge advocate general of the Air Force, where he argued the project was unne…
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I’m proud to be a part of The Orders Project. It’s a non-partisan group of military justice experts offering free consultations to military personnel worried they may be receiving an unlawful order. As this Washington Post article lays ou…
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On August 18, 2020, the Court of Appeals for Veterans Claims (CAVC) decided Lacey v. Wilkie, 2020 U.S. App. Vet. Claims LEXIS 1565, finding the Government’s litigation position in Lacey v. Wilkie, 32 Vet. App. 71 (2019), unreasonable. In the first…
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In addition to the reply to the Government’s response to his reconsideration motion, Sergeant Bergdahl filed a motion to supplement the record in his case today. Sergeant Bergdahl is seeking to add evidence the trial judge, Judge Nance, made mi…
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The Court of Appeals for Veterans Claims (CAVC) issued its opinion in Wolfe v. Wilkie, No. 17-0519 on August 31, 2020. CAVC’s decision is a reminder that attorneys must sweat the details, even during the VA adjudication process, which is ostensibly…
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Last year, Sergeant Bergdahl’s appellate counsel asked me to assist two experts in civil-military relations in submitting an amici curiae brief to the Court of Appeals for the Armed Forces. Unfortunately, CAAF rejected the submission from Professor…
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The Court of Appeals for the Armed Forces issued its decision in Sergeant Bowe Bergdahl’s case last week. CAAF found by a 3-2 vote President Trump’s and Senator McCain’s comments did not place an intolerable strain on the military justice syste…
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So this is an article I wrote for the Connecticut Lawyer, the magazine for Connecticut’s Bar Association. The article is about Veteran Treatment Courts (VTCs). VTCs are diversionary courts, much like drug treatment courts, but to use a VTC an indiv…
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