by Steve Shewmaker | Mar 26, 2021 | General Court Martial, Military Separation Hearing
From a litigation standpoint, an administrative separation hearing is very similar to a contested court-martial. The Respondent is entitled to have an attorney, call witnesses, cross examine witnesses, and present opening and closing statements. There are some stark...
by Alexa Lewis | Jan 19, 2021 | ROTC Disenrollment Hearings
During an ROTC Disenrollment Hearing the Cadet’s attorney can not technically speak, but they can be of great assistance to the Cadet. The board will be often deferential to the attorney in allowing as much time as possible to talk to the Cadet. A good attorney...
by Alexa Lewis | Sep 4, 2020 | Sexual Assault, Title IX Investigations
Universities must investigate any report of a gender-based allegation of sexual harassment and assault, sexual discrimination, stalking, domestic violence or any other gender-based harm that the school includes in their anti-discrimination policy. In this video, Steve...
by Steve Shewmaker | Jun 19, 2020 | Criminal Law, Double Jeopardy, Military Justice
Members of the military often believe they cannot be prosecuted in both the military courts and civilian courts. Most have heard of the concept of double jeopardy. However, civilian criminal law and the UCMJ are similar but different. In this article we discuss double...
by Steve Shewmaker | Apr 28, 2020 | Military Justice, Titling
Titling occurs when a military investigative service names an individual as a subject in a criminal investigation report. It is not a judicial or legal action and does not mean an individual has been arrested, charged or convicted of a crime. The ramifications of...
by Patty Shewmaker | Apr 15, 2020 | General Court Martial, Military Discharge, Military Justice, Military Separation Hearing, OTH Administrative Discharge, Special Court Martial
We get clients that call and ask us about the different types of discharges you can receive in the military. Discharges can involve a separation board or a court martial. You can only get a dishonorable discharge at a court martial because it is a legal proceeding....
