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# Who Prosecuted Contested Army Article 86 Cases? Trial Counsel Experience, 2023–2026
- URL: https://www.bodiesburied.com/trends/army-article-86-trial-counsel-experience-2023-2026/
- Published: 2026-10-30T08:18:31.000Z
- Updated: 2026-10-30T08:18:31.000Z
- Description: The records hold 19 contested Army courts-martial charging Article 86 (AWOL) from 2023 to 2026, and 15 list a trial counsel of record. In those 15, the most experienced prosecutor had a median of 3 prior cases in this data.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Army, Article 86

[Trends](https://www.bodiesburied.com/trends/) › [Counsel Experience](https://www.bodiesburied.com/trends/counsel-experience/) › Article 86, trial counsel

**Short answer:** The records hold 19 contested Army courts-martial charging Article 86 (AWOL) from 2023 to 2026, and 15 list a trial counsel of record. In those 15, the most experienced prosecutor had a median of 3 prior cases in this data. Full acquittals came in 3 of the 19 cases (16%), against 40% for all contested Army cases.

Based on 19 cases · 2023–2026 · Army records · data updated October 24, 2026

## Most Prosecution Teams Had 1 to 4 Prior Cases

Trial counsel are the lawyers who prosecute a court-martial. Of the 19 cases, 15 list at least one trial counsel of record. In 10 of those 15 (67%), the most experienced prosecutor had 1 to 4 prior cases in the data.

The 10 to 19 group had 3 cases (20%). The 5 to 9 group had 1 case (7%), and in 1 case (7%) no trial counsel of record had any prior case. No top prosecutor had 20 or more prior cases.

| Prior cases (most experienced trial counsel) | Cases | Share |
| -------------------------------------------- | ----- | ----- |
| No prior cases                               | 1     | 7%    |
| 1 to 4                                       | 10    | 67%   |
| 5 to 9                                       | 1     | 7%    |
| 10 to 19                                     | 3     | 20%   |
| 20 or more                                   | 0     | 0%    |

## Defense Counsel Had More Prior Cases in 11 of 15

Lawyers are listed on both sides in 15 cases. When the most experienced lawyer on each side is compared, the trial counsel had fewer prior cases in 11 of them (73%) and more in 4 (27%).

Most prosecution teams had 2 lawyers. Of the 15 cases, 13 listed 2 trial counsel of record and 2 listed 1.

## The Experience Measure

Each lawyer's experience is the number of Army courts-martial on which that lawyer had been counsel of record in this data before the trial date, counting both sides. It does not measure skill, and any trial before the records begin is left out.

Since the records do not say which prosecutor led, each case is placed by its most experienced trial counsel of record. Nothing on this page rates or ranks a lawyer.

## Outcomes in Each Group

These cases were all contested, meaning the accused pleaded not guilty to at least one charge. A partial acquittal is a not-guilty finding on at least one charge or specification with a guilty finding on another.

In the 1 to 4 group of 10 cases, 10% ended in a full acquittal and 70% in a partial acquittal. All 3 cases in the 10 to 19 group ended in a partial acquittal (3 of 3). The 1 case in the 5 to 9 group ended in a full acquittal, and the 1 case with no prior prosecution experience ended in a partial acquittal.

The records do not include the evidence, any plea offers, or who did the work. The table describes outcomes; it does not show what experience did.

| 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                                       | 10              | 10%            | 70%               |
| 5 to 9                                       | 1               | 1 of 1         | 0 of 1            |
| 10 to 19                                     | 3               | 0 of 3         | 3 of 3            |

## Sentences Compared With the Army

Among convicted enlisted members, 14% received a punitive discharge, which for enlisted members is a bad-conduct discharge or a dishonorable discharge. In all contested Army cases in these years, 68% did. A sentence without one does not rule out a later administrative separation.

## Case Years and Name Coverage

Trials ran from March 2023 to July 2026\. The yearly counts were 7 in 2023, 4 in 2024, 7 in 2025, and 1 in 2026, a partial year.

Army records list counsel names almost completely from 2021, and this page begins 2 years later so most lawyers have earlier cases in the data. Spelling variations are merged as on Learn Your Lawyer. Navy and Marine Corps counsel appear only from mid-2025, mostly by surname, so they are not included.

## The 2023 Rule Changes and Record Gaps

Since December 28, 2023, the decision to prosecute covered offenses such as sexual assault, domestic violence, and murder rests with special trial counsel, not commanders. 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 show trial dates, not offense dates, so trials from 2024 on include both old-rule and new-rule cases.

Charges, pleas, findings, and sentences are in the records. The evidence, the plea terms, and conduct handled outside a court-martial are not.

For what the offense covers and how it is defended, see [Article 86 on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-86/?ref=bodiesburied.com). Dates and sources for the law changes: [UCMJ change timeline](https://www.bodiesburied.com/trends/ucmj-change-timeline/).

### How We Counted

Army courts-martial with trial dates in 2023–2026 that charged Article 86 and had a not-guilty or mixed plea (19 cases). Counsel of record are as listed in the public records.

Source: public court-martial records (Article 140a, UCMJ) in [Military Trial Results](https://www.bodiesburied.com/military-trial-results/), data updated October 24, 2026\. Definitions, sources, and known gaps: [how this data was built](https://www.bodiesburied.com/trends/how-the-military-trial-results-data-was-built/). Errors: content@bodiesburied.com.

## Related Analysis

- [Counsel Experience](https://www.bodiesburied.com/trends/counsel-experience/) (hub)
- [Article 86 (AWOL): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-86-courts-martial/) (hub)
- [Army Defense Counsel in Contested Article 86 Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-86-defense-counsel-experience-2023-2026/)
- [Army Defense Counsel in Contested Article 107 Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-107-defense-counsel-experience-2023-2026/)
- [Army Defense Counsel in Contested Article 112a Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-112a-defense-counsel-experience-2023-2026/)
- [Army Defense Counsel in Contested Article 115 Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-115-defense-counsel-experience-2023-2026/)
- [Army Defense Counsel in Contested Article 120 Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-120-defense-counsel-experience-2023-2026/)
- [Army Defense Counsel in Contested Article 121 Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-121-defense-counsel-experience-2023-2026/)
- [Army Defense Counsel in Contested Article 128 Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-128-defense-counsel-experience-2023-2026/)
- [Article 86 explained on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-86/?ref=bodiesburied.com)
- [Search every case in Military Trial Results](https://www.bodiesburied.com/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](https://www.ucmj-defender.com/?ref=bodiesburied.com). This analysis is for education and information only. It is not legal advice, and every case is different.