Who Prosecuted Contested Army Article 121 Cases? Trial Counsel Experience, 2023–2026
Trial counsel of record are listed in 13 of the 14 contested Army larceny cases (Article 121) tried from 2023 to 2026. The most experienced prosecutor on those teams had a median of 11 prior cases in this data.
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Short answer: Trial counsel of record are listed in 13 of the 14 contested Army larceny cases (Article 121) tried from 2023 to 2026. The most experienced prosecutor on those teams had a median of 11 prior cases in this data. Full acquittals came in 3 of the 14 cases (21%), lower than the 40% for all contested Army cases in those years.
Where the Prosecutors Fell by Prior Cases
Trial counsel prosecute the case at a court-martial. The 10 to 19 group was the largest: in 6 of the 13 cases (46%), the most experienced trial counsel of record had that many prior cases. In 4 cases (31%), the top prosecutor had 20 or more.
The remaining groups had 1 case each (8% each): no prior cases, 1 to 4, and 5 to 9. So in 1 case, no trial counsel of record on the team had appeared on an earlier court-martial in the data.
| Prior cases (most experienced trial counsel) | Cases | Share |
|---|---|---|
| No prior cases | 1 | 8% |
| 1 to 4 | 1 | 8% |
| 5 to 9 | 1 | 8% |
| 10 to 19 | 6 | 46% |
| 20 or more | 4 | 31% |
What the Experience Count Measures
For each lawyer, the count is how many Army courts-martial that lawyer had already appeared on as counsel of record in this data before the trial date, on either side. It is not a measure of skill. Cases a lawyer tried before the records start are not counted.
Most cases list more than one prosecutor and the records do not say who led. Each case is placed by its most experienced trial counsel of record. No lawyer is rated or ranked.
Defense Counsel Had More Prior Cases in 7 of 13
Lawyers appear on both sides in 13 cases. Comparing the most experienced lawyer on each side, the trial counsel had more prior cases in 4 of them (31%). The trial counsel had fewer in 7 (54%), and 2 were tied.
Prosecution teams were usually 2 lawyers or larger. Of the 13 cases, 7 listed 2 trial counsel of record, 4 listed 3 or more, and 2 listed just 1.
Verdicts Grouped by Prosecutor Experience
Every case here was contested, which means the accused pleaded not guilty to at least one charge. The table counts full acquittals and partial acquittals. A partial acquittal is a not-guilty finding on at least one charge or specification along with a guilty finding on another.
In the 10 to 19 group, 1 of 6 cases ended in a full acquittal and 4 of 6 in a partial acquittal. In the 20 or more group, the counts were 1 of 4 and 2 of 4. The single case in the 5 to 9 group ended in a full acquittal. The single cases in the no-prior-cases group and the 1 to 4 group each ended in a partial acquittal.
Several of these groups hold 1 case. The records do not show the evidence, any plea offers, or who did the work, so the rows report outcomes and do not show an effect of experience.
| Prior cases (most experienced trial counsel) | Contested cases | Full acquittal | Partial acquittal |
|---|---|---|---|
| No prior cases | 1 | 0 of 1 | 1 of 1 |
| 1 to 4 | 1 | 0 of 1 | 1 of 1 |
| 5 to 9 | 1 | 1 of 1 | 0 of 1 |
| 10 to 19 | 6 | 1 of 6 | 4 of 6 |
| 20 or more | 4 | 1 of 4 | 2 of 4 |
Sentences and Army-Wide Comparison
Of convicted enlisted members, 70% received a punitive discharge (a bad-conduct discharge or a dishonorable discharge). Across all contested Army cases in these years, the figure was 68%. A sentence with no punitive discharge does not rule out a later administrative separation.
Trial Years and Counsel Name Coverage
The 14 cases were tried between January 2023 and September 2026: 4 in 2023, 1 in 2024, 6 in 2025, and 3 in 2026. The 2026 count is for part of the year.
Army records give counsel names almost completely from 2021 onward, and this page starts in 2023 so most lawyers have prior cases behind them in the data. Names written in more than one way are merged as on Learn Your Lawyer. The Navy and Marine Corps are not covered, since their records list counsel only from mid-2025 and mostly by surname.
Law Changes and Limits of the Records
Since December 28, 2023, special trial counsel, not commanders, make the decision to prosecute covered offenses such as sexual assault, domestic violence, and murder. The military judge now sets the sentence within new sentencing parameters when every guilty finding is for an offense after December 27, 2023. These records give no offense dates, so the 2024 and later trials mix both sets of rules.
The records show charges, pleas, findings, and sentences. They do not show the evidence, the plea terms, or conduct dealt with outside a court-martial.
For what the offense covers and how it is defended, see Article 121 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.
How We Counted
Army courts-martial with trial dates in 2023–2026 that charged Article 121 and had a not-guilty or mixed plea (14 cases). Counsel of record are as listed in the public records.
Source: public court-martial records (Article 140a, UCMJ) in Military Trial Results, data updated October 24, 2026. Definitions, sources, and known gaps: how this data was built. Errors: content@bodiesburied.com.
Related Analysis
- Counsel Experience (hub)
- Article 121 (Larceny): Court-Martial Data and Trends (hub)
- Army Defense Counsel in Contested Article 121 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 107 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 112a Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 115 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 120 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 128 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 131b Cases: Prior Cases and Verdicts, 2023–2026
- Article 121 explained on the law firm's website
- Search every case in Military Trial Results (members)
Compare: federal court. Theft and Fraud: Federal Sentences vs. Army Courts-Martial
About the author. Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts Where All The Bodies Are Buried and runs the Law Office of Jocelyn C. Stewart. This analysis is for education and information only. It is not legal advice, and every case is different.