Who Prosecuted Contested Army Article 80 Cases? Trial Counsel Experience, 2023–2026
In 38 of the 42 contested Army Article 80 (attempt) courts-martial tried from 2023 to September 2026, at least one trial counsel of record is listed, and the median prior-case count of the most experienced prosecutor was 10.5.
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Short answer: In 38 of the 42 contested Army Article 80 (attempt) courts-martial tried from 2023 to September 2026, at least one trial counsel of record is listed, and the median prior-case count of the most experienced prosecutor was 10.5. The defense side had more prior cases than the prosecution in 18 of those cases (47%). Convicted enlisted members received a punitive discharge in 90% of cases, compared with 68% across contested Army cases.
Prosecutors Often Had Fewer Prior Cases Than the Defense
Both sides have lawyers listed in 38 cases. Setting the most experienced counsel of record on each side against each other, the trial counsel had fewer prior cases in 18 cases (47%) and more in 15 cases (39%). The rest were tied.
This compares counts of earlier courts-martial, not ability. It says nothing about how either side handled a case.
The Meaning of Experience Here
Experience is defined as the number of courts-martial a lawyer had already been counsel of record on in this data, on either side, in the Army, before the trial in question. Earlier work outside the records is not counted, and the figure is not a measure of skill.
Prosecution teams usually include more than one lawyer, and the records do not identify a lead. For that reason each case is grouped by the trial counsel of record with the most prior cases. The page does not rate or rank any lawyer.
Spread of Prosecution Experience
The median prior-case count for the most experienced trial counsel on each team was 10.5. Cases were spread across every range.
The 20 or more group was the largest, with 11 cases (29%). The 1 to 4 and 10 to 19 groups each had 9 cases (24%), and the 5 to 9 group had 7 cases (18%). In 2 cases (5%), no trial counsel of record on the team had any prior case in this data.
| Prior cases (most experienced trial counsel) | Cases | Share |
|---|---|---|
| No prior cases | 2 | 5% |
| 1 to 4 | 9 | 24% |
| 5 to 9 | 7 | 18% |
| 10 to 19 | 9 | 24% |
| 20 or more | 11 | 29% |
Full and Partial Acquittals by Prosecution Experience
This table covers the 38 contested cases that reached a verdict and list a trial counsel. A full acquittal is a finding of not guilty on every charge. A partial acquittal is not guilty on at least one charge or specification and guilty on another.
In the 11 cases where the most experienced trial counsel had 20 or more prior cases, 27% ended in a full acquittal and 55% in a partial acquittal. The smaller groups are shown as counts. The 5 to 9 group had 4 of 7 full acquittals and 2 of 7 partial acquittals. The 1 to 4 group had 2 of 9 and 5 of 9, and the 10 to 19 group had 2 of 9 and 6 of 9.
These figures describe verdicts, not the effect of experience. The records do not show the evidence, the plea offers, or which lawyer did the work.
| Prior cases (most experienced trial counsel) | Contested cases | Full acquittal | Partial acquittal |
|---|---|---|---|
| No prior cases | 2 | 0 of 2 | 1 of 2 |
| 1 to 4 | 9 | 2 of 9 | 5 of 9 |
| 5 to 9 | 7 | 4 of 7 | 2 of 7 |
| 10 to 19 | 9 | 2 of 9 | 6 of 9 |
| 20 or more | 11 | 27% | 55% |
Sentences After Conviction
Median confinement in these attempt cases was 2.4 years, against 1.5 years for all contested Army cases in the same years. A punitive discharge, meaning a bad-conduct discharge or a dishonorable discharge for enlisted members, followed in 90% of enlisted convictions, compared with 68%. Sentences are as adjudged, before any plea-agreement cap, clemency, or appeal.
Number of Trial Counsel per Case
Of the 38 cases with a trial counsel of record, 27 listed 2 prosecutors, 7 listed 3 or more, and 4 listed just 1.
Timing and the Rules in Force
The 42 cases were tried between January 2023 and September 2026: 14 in 2023, 11 in 2024, 8 in 2025, and 9 in the partial year of 2026.
Two rule changes fall inside this window. From December 28, 2023, special trial counsel decide whether to prosecute covered offenses, including sexual assault, domestic violence, and murder, in place of commanders. And for cases where every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters. The records give trial dates only, so it is not possible to tell which rules applied to any trial from 2024 on.
What the Data Does Not Cover
Counsel names in Army records are nearly complete from 2021. Starting this page in 2023 means most lawyers already have prior cases counted. Different spellings of a name are merged the same way as on Learn Your Lawyer. Navy and Marine Corps records name counsel only from mid-2025, mostly by surname, so those services are excluded.
Only cases that reached a courtroom are here. Nonjudicial punishment, administrative separation, and cases with no action are absent, and the records do not describe the evidence or the plea terms.
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.
Related Analysis
- Counsel Experience (hub)
- Article 80 (Attempts): Court-Martial Data and Trends (hub)
- Who Defended Contested Army Article 80 Cases? Defense Counsel Experience, 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 121 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 128 Cases: Prior Cases and Verdicts, 2023–2026
- Article 80 explained on the law firm's website
- Search every case in Military Trial Results (members)
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.