The amendments to Articles 2, 56(d), 58a, and 63 of the UCMJ enacted by sections 5102, 5301, 5303, and 5327 of the MJA apply only to cases in which all specifications allege offenses committed on or after January 1, 2019.
UCMJ on direct appeal where the CAAF has conducted a mandatory review (death penalty and certified cases), granted discretionary review of a petition, or otherwise granted relief.
UCMJ: Judge Advocate General, the Navy, officer in charge, superior commissioned officer, cadet, midshipman, military, accuser, military judge, law specialist, legal officer, judge advocate, record, classified information, and national security.
UCMJ but to the elements of a lawful general order like that at issue in this case when applying the categorical or modified categorical approach.
The amendments to Articles 32 and 34 of the UCMJ enacted by sections 5203 and 5205 of the MJA apply with respect to preliminary hearings conducted and advice given on or after January 1, 2019.
State's own sovereign authority, and are not subject to a Federal recall to active duty, nor are the individual members subject to the UCMJ in their capacities as members of the State Guard.
Court orders often contain other financial obligations, such as provisions for property division, marital property awards, and payment of medical and other expenses.
Navy, individuals commissioned or enlisted in the Coast Guard are subject to the UCMJ as an Armed Force.
The amendment to Article 15 of the UCMJ enacted by section 5141 of the MJA shall apply to any nonjudicial punishment imposed on or after January 1, 2019.
FMCR upon retirement if they have less than 30 total years, and remain subject to the UCMJ in that status until they complete 30 total years and are transferred to their respective original Service Retired List (Regular Component or Retired Component).
States Naval Academy, United States Air Force Academy, United States Merchant Marine Academy, and United States Coast Guard Academy are subject to the UCMJ at all times because they are in an active duty status while at a Military Service Academy.
We have found no other case from our circuit or our sister circuits discussing the application of the categorical and modified categorical approaches to convictions under the UCMJ, although clearly the federal government does rely on UCMJ convictions to remove noncitizens.
The short film 50 Years of the Uniform Code of Military Justice (UCMJ) (July 13, 2001) is available for free download at the Internet Archive.
However, commissioned members of the NOAA and PHS, as Uniformed Services, are only subject to the UCMJ when attached or detailed to a military unit or militarized by Presidential executive order during a national emergency or declaration of war.
Article 134, UCMJ, concerns dishonorable failure to pay debts and conduct of a nature to bring discredit upon the Armed Forces.
Members of military auxiliaries such as the Civil Air Patrol and the Coast Guard Auxiliary are not subject to the UCMJ, even when participating in missions assigned by the military or other branches of government.
Before questioning, advise the soldier of his right to remain silent under article, 31, UCMJ, and his right to counsel under the Fifth Amendment.
Martial (the military analogue to the Federal Rules of Criminal Procedure), and the Military Rules of Evidence (the analogue to the Federal Rules of Evidence) have evolved since their implementation, often paralleling the development of the federal civilian criminal justice system.
This includes those provisions dealing with child custody, visitation rights, property division, and marital property awards.
Article 146(c) of the UCMJ (as in effect before the MJA's amendments) is submitted in accordance with Article 146(c)(1), but in no event later than December 1, 2018.
Turcios used a government computer to access pornographic Internet sites and to download pornographic images of female minors.
It helps effectuate the categorical analysis when a divisible statute, listing potential offense elements in the alternative, renders opaque which element played a part in the defendant's conviction.
No courts martial convictions or record of any disciplinary action under UCMJ, which indicates behavior inconsistent with the high standards of a CID Special Agent.
However, members of the Coast Guard Auxiliary can be called by the Commandant of the Coast Guard into the Temporary Reserve, in which case they become subject to the UCMJ.
Once you have this application installed, periodic updates are available for download on the JLA sharepoint site.
Also, Reserve Officers' Training Corps (ROTC) cadets and midshipmen, as members of the reserve components, are subject to the UCMJ while on inactive or active duty training.
ICE not appeal this issue to the Board, but the government never argued to this court that we should consider the Article 134 conviction or remand to the Board for it to consider the issue until its second petition for rehearing.
