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Who Defended Contested Army Article 80 Cases? Defense Counsel Experience, 2023–2026

From January 2023 through September 2026, the Army records show 42 contested courts-martial charging Article 80 (attempt). In the 38 cases that list a defense counsel of record, the median prior-case count of the most experienced defense lawyer on the team was 8.

Understanding Trends in Military Practice · 6 min read

Trends › Counsel Experience › Article 80, defense counsel

Short answer: From January 2023 through September 2026, the Army records show 42 contested courts-martial charging Article 80 (attempt). In the 38 cases that list a defense counsel of record, the median prior-case count of the most experienced defense lawyer on the team was 8. Sentences were heavier than in contested Army cases overall: median confinement was 2.4 years compared with 1.5 years, and 90% of convicted enlisted members received a punitive discharge, compared with 68%.

Based on 42 cases · 2023–2026 · Army records · data updated October 24, 2026

Sentences in Contested Attempt Cases

Article 80 covers attempts to commit another offense under the code. Every case on this page is contested, which means the accused pleaded not guilty to at least one charge.

The median confinement in these cases was 2.4 years. For all contested Army cases tried in the same years, it was 1.5 years.

Punitive discharges were also more common. Of convicted enlisted members, 90% received a bad-conduct discharge or a dishonorable discharge, compared with 68% across contested Army cases. The officer equivalent of these discharges is a dismissal. All sentences here are as adjudged at trial, before any plea-agreement cap, clemency, or appeal.

What Counts as Experience on This Page

A lawyer's experience is the number of courts-martial that lawyer had already been counsel of record on in this data, for either side, in the Army, before the trial date. It is a count of prior cases and nothing more. It is not a measure of skill, and cases a lawyer handled before the records begin are not included.

Because most cases list more than one defense counsel of record and the records do not say who led, each case is sorted by its most experienced defense counsel of record. No lawyer is rated or ranked here.

How Many Prior Cases the Defense Teams Had

Of the 42 cases, 38 list at least one defense counsel of record. In those 38, the median prior-case count for the most experienced defense lawyer was 8.

The 5 to 9 range held the most cases: 16, or 42%. Next came 10 to 19 prior cases with 9 cases (24%) and 20 or more with 7 cases (18%). The 1 to 4 range had 5 cases (13%).

In 1 case (3%), no defense counsel of record on the team had a prior case in this data.

Prior cases (most experienced defense counsel)CasesShare
No prior cases13%
1 to 4513%
5 to 91642%
10 to 19924%
20 or more718%

Verdicts Sorted by Defense Experience

The second table covers the 38 contested cases that reached a verdict and list a defense counsel. It counts full acquittals, meaning not guilty on every charge, and partial acquittals, meaning not guilty on at least one charge or specification but guilty on another.

The 5 to 9 group is the only one large enough to show as a percentage: 25% full acquittals and 44% partial acquittals. The other groups are small. In the 10 to 19 group, 4 of 9 cases ended in a full acquittal and 5 of 9 in a partial acquittal. In the 20 or more group, the counts were 2 of 7 and 4 of 7. In the 1 to 4 group, they were 1 of 5 and 4 of 5.

With groups this small, a single verdict changes the figures. The records also do not show the evidence, plea offers, or who did the work, so the rows describe outcomes and not any effect of experience.

Prior cases (most experienced defense counsel)Contested casesFull acquittalPartial acquittal
No prior cases10 of 10 of 1
1 to 451 of 54 of 5
5 to 91625%44%
10 to 1994 of 95 of 9
20 or more72 of 74 of 7

Defense Team Size

Most defense teams listed 2 counsel of record: 28 of the 38 cases. Another 8 cases listed 1 defense counsel, and 2 listed 3 or more.

Defense and Prosecution Prior Cases Compared

Lawyers for both sides appear in 38 cases. When the most experienced counsel of record on each side are compared, the defense counsel had more prior cases in 18 cases (47%) and fewer in 15 (39%). The rest were tied.

Cases by Year and Changes in the Law

The yearly counts were 14 in 2023, 11 in 2024, 8 in 2025, and 9 in 2026, with 2026 covering only part of the year.

Since December 28, 2023, special trial counsel rather than commanders decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. Also, when every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence under new sentencing parameters. Both rules turn on the offense date. The records do not give that date, so trials from 2024 on include cases under both the old and new rules.

Limits of the Counsel Records

Army counsel names are nearly complete from 2021, and this page starts in 2023 so most lawyers have earlier cases behind them in the data. Name variants are merged as on Learn Your Lawyer. Navy and Marine Corps records list counsel only from mid-2025, mostly by surname, and are not included.

Offense dates, the evidence, and plea terms are not in the records. Matters resolved by nonjudicial punishment or administrative separation are not in them either.

For what the offense covers and how it is defended, see Article 80 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 80 and had a not-guilty or mixed plea (42 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.

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.

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