Author Archives: Erin

I don’t know if we even consider it an unwritten code that you don’t date your ex’s friends or your friend’s exes. I feel like that’s probably actually written somewhere when it comes to explaining to people how they should behave. We give high school students a little bit of a pass because their social circles are small and it’s kind of low stakes in most high school relationships. But when the world opens up to you, I think we can all agree that your dating pool should too. I guess Specialist Second Class Douglas Rogan never got that memo.

I relied on the NMCCA opinion heavily, and reference information from Major Rendleman’s Law Review Article regarding unsworn statements.

This episode involved discussion of sexual assault. There are a number of resources available for survivors and victim of sexual assault, including the Rape, Abuse & Incest National Network (RAINN). They offer a free, confidential national sexual assault hotline at 800-656-HOPE as well as an online chat option.

Links to Listen:

Apple Podcasts · Spotify · Youtube · Youtube Music · Amazon Music · I Heart · Audacy

Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you hit play today. I’m happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!

Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense or whatever name they go by socially now. I am not a military JAG and have never been a military JAG. While I’m a practicing attorney, I don’t do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.

When we moved back from Japan to the United States, we encountered an ever tightening noose of gun violence. It was an abrupt reintegration to the American fascination with firearms. I don’t know if the socialization of young boys to idolize and play with guns has anything to do with the prevalence of violence, and without CDC research into the gun violence that plagues this country, it’s unlikely we’ll have real or meaningful answers. It could be that boys are socialized to pretend and play with guns, it could be the male loneliness epidemic, it could be the lack of sufficient mental health resources. But maybe, just maybe, it’s the guns – the ready access. I’ve discussed men playing around with guns before, but Lance Corporal Robbins brings us right back to this same conundrum – opting to up the ante on his gun play, stealing a laser sight from the Marine Corps so he could have even more… fun? In predictable fashion, playing around with loaded guns went tragically wrong and landed Robbins in a court martial.

I relied on the NMCCA Robbins opinion and the CAAF Maebane opinion to write up this episode script.

Links to Listen:

Apple Podcasts · Spotify · Youtube · Youtube Music · Amazon Music · I Heart · Audacy

Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you hit play today. I’m happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!

Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense or whatever name they go by socially now. I am not a military JAG and have never been a military JAG. While I’m a practicing attorney, I don’t do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.

I think the worst phone call I’ve had to make to my dad is when I was fresh out of college and working in Tennessee. I got cut off on an exit ramp and didn’t have enough space to stop, so I ended up in a fender bender. Well, my fenders, bumper, hood and headlights all needed a makeover, but the Honda CRV that darted in front of me bore only a scratch from my license plate screw. The person I dreaded calling most was my dad, my dad who taught me to drive and taught me to be careful! I wasn’t looking forward to him thinking I wasn’t careful. I put off the call as long as I could, dialing up USAA first to start the claim. A nice agent took my call, started the claim, and helped me find a body shop that could repair my car. He asked if there was anything else I needed help with and I made an offhanded comment that no, I was okay, unless he had any tips for calling my dad. He paused for a moment before sharing that he was a dad and the first thing he would want to hear would be that I was okay, then that the damage was minimal, then circle back to me being okay.

It was excellent advice and my dad was, indeed, mostly concerned about my wellbeing.

So Dad: when you listen to this episode and get to the part about the worst call Chief Petty Officer Kuhn ever had to make to her father, please take a moment to reflect how lucky we are that the worst call from me resulted in multiple reminders that no one was hurt.

First up, as promised, is the link to the appellate case management page for Kuhn’s appeal. I referenced a lot of video coverage from the trial from Court TV, as well as articles from the Pensacola News Journal, Yahoo, and WKRG.

For more information on intimate partner violence, I urge you to explore Alliance For Hope and their Family Justice Center Alliance. If you need help finding shelter in your area, please visit DomesticShelters.org. Last, but not least, many law schools and courthouses offer free legal assistance for people seeking protective restraining orders.

This episode contains a discussion of attempted suicide. If you are experiencing thoughts of self-harm, I urge you to contact the Suicide and Crisis Lifeline by dialing 988. Help is also available via chat on their website. For support specific to veterans, first dial 988, then selecting option 1. They also have veteran-specific chat support.

Links to Listen:

Apple Podcasts · Spotify · Youtube · Youtube Music · Amazon Music · I Heart · Audacy

Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you hit play today. I’m happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!

Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense or whatever name they go by socially now. I am not a military JAG and have never been a military JAG. While I’m a practicing attorney, I don’t do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.

I remember the first time I went out to socialize after learning I passed the Bar exam. I’d graduated in May, studied for months, took the test, and waited until late November for results. The wait was brutal  – I lost about a third of my hair volume from the stress that comes with spending tens of thousands of dollars on an education that I really, really hoped would result in a Bar license on the first try. When the results came back and I learned that I’d passed, it was as though I could finally breathe again and it felt so much lighter to go out and see friends, to have the time to socialize without guilt.  The buoyancy was palpable.

Having never retired from the armed services, I don’t know if the feeling is comparable in those giddy final months when you remember that your life is about to become your own again. But, it’s the nearst experience I can think of. Unlike Lieutenant Colonel Gonzalez, none of my friends were out there cheating on their partners in observance of that giddiness.


I relied on the CAAF opinion and briefing, as well as one quick review on sofrep.com.

Links to Listen:

Apple Podcasts · Spotify · Youtube · Youtube Music · Amazon Music · I Heart · Audacy

Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you hit play today. I’m happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!

Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense or whatever name they go by socially now. I am not a military JAG and have never been a military JAG. While I’m a practicing attorney, I don’t do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.

I’d like to say that I don’t spend a lot of time thinking about what I’m going to share, but we’re two and a half years deep on this podcast, so we all know the truth. When you think about it, the lifestyle cultivated by military moves is actually kind of ideal for those drawn to murder. Take the Navy, for instance. Many of their warm water duty stations are popular vacation spots drawing tourists – looking specifically to Hawaii, Southern California and Florida and maybe a little less at Guam. Assignment to the locales are temporary and shifting.

In the last few years, it certainly appeared that one sailor lived up to that life, picking up an indictment for murder in Hawaii just weeks into a life sentence in Florida for the same crime.


I relied on information from WFTV, Action News Jacksonville, Hawaii Tribune Herald, Hawaii News Now, Law and Crime, the very brief appellate opinion in Florida, KHON, Honolulu PD, and Daily Mail.

Links to Listen:

Apple Podcasts · Spotify · Youtube · Youtube Music · Amazon Music · I Heart · Audacy

Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you hit play today. I’m happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!

Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense. I am not a military JAG and have never been a military JAG. While I’m a practicing attorney, I don’t do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.

Prior to recent legally dubious phone searches at border crossings, I have never had occasion to sweat giving someone access to my phone. Now, I fear my pure sass would have me, a U.S. citizen, extradited to a country I have no ties to. I suppose we are all fortunate that I squeaked back into the country when I did. At least now we know that, should I vacation abroad, I’ll take a prepaid phone without my usual detritus on it.

I recognize that as an adult who didn’t have a smartphone until my senior year of college, I got a lot of growing up out of the way in the pre-digital era, and, I’ve always been a total rule follower, as I suspect many middle children obsessed with fairness are. That’s all to say it’s not shocking to me that young people with access to the entire world in the palm of their hands sometimes retain incriminating evidence on their phones and might not realize that some things shouldn’t be documented for posterity. That some paper trails can only cause harm. For Lance Corporal Nelson, it wasn’t so much that he didn’t realize how closely he should safeguard his phone, but rather that he avows he did not understand what his privacy rights were.

This episode discussed substance use. If you, or someone you know is struggling with substance use, the SAMHSA National Helpline can be reached at 1-800-662-HELP and their treatment locator is available online.


I relied heavily on the NMCCA and CAAF opinions. I also referred to the information from some of the briefing.

Links to Listen:

Apple Podcasts · Spotify · Youtube · Youtube Music · Amazon Music · I Heart · Audacy

Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you hit play today. I’m happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!

Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense. I am not a military JAG and have never been a military JAG. While I’m a practicing attorney, I don’t do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.

In the aftermath of a sexual assault, one young Marine struggled to cope with what happened, and with her underlying health conditions. It seemed for her that each place she turned, she was met with either unwillingness or inability to help. She continued to spiral until someone ended up in custody… not her assailant, but her.

This episode involved discussion of sexual assault. There are a number of resources available for survivors and victim of sexual assault, including the Rape, Abuse & Incest National Network (RAINN). They offer a free, confidential national sexual assault hotline at 800-656-HOPE as well as an online chat option.

For more information on intimate partner violence, I urge you to explore Alliance For Hope and their Family Justice Center Alliance. If you need help finding shelter in your area, please visit DomesticShelters.org. Last, but not least, many law schools and courthouses offer free legal assistance for people seeking protective restraining orders.

This episode contains a discussion of suicidal ideation/attempted suicide/death by suicide. If you are experiencing thoughts of self-harm, I urge you to contact the Suicide and Crisis Lifeline by dialing 988. Help is also available via chat on their website. For support specific to veterans, first dial 988, then selecting option 1. They also have veteran-specific chat support.


I relied heavily on the record of trial filed with CAAF. I also referenced articles from the Marine Corps Times (1)(2)(3), Military Times, Military.com, Army Times, Pilot Online (1)(2), and The War Horse (1)(2).

Links to Listen:

Apple Podcasts · Spotify · Youtube · Youtube Music · Amazon Music · I Heart · Audacy

Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you hit play today. I’m happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!

Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense. I am not a military JAG and have never been a military JAG. While I’m a practicing attorney, I don’t do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.

Sometimes when I need to compose a challenging message, I rely on a council of women. It’s always women because I have many years of Taboo board game experience and a team of women will win every time.

My first council of women messaging meeting followed a weird twenty first birthday in which the young man I was dating ignored all of my friends and criticized me for consuming a single mojito with my dinner. I gathered my trusted sorority sisters and inquired how one might end things because I’d not had to do that before. It was immensely helpful to draw on one another’s experiences and find a message that was gentle, but clear. Firm, but polite.

The relationship at the heart of this episode was similarly ill fated. I have nothing to suggest that a council of women helped a young woman select her messaging. But we do know that there was a text message break up that was clear, but apparently not firm. Unfortunately, the ensuing relationship relapse was neither gentle nor polite. But much more alarmingly, it wasn’t consensual.

This episode involved discussion of sexual assault. There are a number of resources available for survivors and victim of sexual assault, including the Rape, Abuse & Incest National Network (RAINN). They offer a free, confidential national sexual assault hotline at 800-656-HOPE as well as an online chat option.

I relied heavily on the AFCCA opinion. I also referenced a Military Times article regarding the DOD directive to cease funding SAFE exams in some circumstances.

Links to Listen:

Apple Podcasts · Spotify · Youtube · Youtube Music · Amazon Music · I Heart · Audacy

Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you hit play today. I’m happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!

Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense. I am not a military JAG and have never been a military JAG. While I’m a practicing attorney, I don’t do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.

The last two times I reported for jury duty, I got kicked by the parties using peremptory challenges. The first time, I was working on post conviction record relief and it was a criminal case–a prosecutor’s least favorite kind of juror. The second time, I held a more general legal position and it was a civil case. I think both times I got kicked it was because I’m an attorney and, well, attorneys think other attorneys won’t make good jurors. But, attorneys aren’t generally a protected class, and it’s totally kosher to keep us off of juries. At least, it’s kosher as long as we’re kicked for our profession and not for our race, gender, or handful of other identifiers. In the prosecution of Sergeant Thomas, a case that implicated race, gender, and religion, the art of panel selection spawned a lot of creative interpretation.

I relied heavily on the ACCA and CAAF opinions. I also referred to the briefing, which is available on the ACCA website, and additional information about Batson.

Links to Listen:

Apple Podcasts · Spotify · Youtube · Youtube Music · Amazon Music · I Heart · Audacy

Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you hit play today. I’m happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!

Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense. I am not a military JAG and have never been a military JAG. While I’m a practicing attorney, I don’t do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.

My freshman year of college, I spent a lot of time out of my dorm room. Which, given the size of the room I shared with two other women, was objectively the correct choice. My primary motivation for avoiding the room my parents lovingly and generously paid for was a roommate that was… very friendly… with members of the opposite sex. I didn’t want to sit in awkward tension while my roommate waited for me to leave or fall asleep, so I made myself as scarce as possible. Preparing the episode script and reading about roommates in tight quarters aboard a ship made me profoundly thankful that, although my roommate made it difficult to spend time in my room, at least the activities she engaged in were consensual.

I relied heavily on two CGCCA opinions (1)(2), two CAAF opinions (1)(2), and an NMCCA opinion. I also pulled details from some of the appellate briefing.

I referenced information obtained from Passagemaker, the NY Times, and NSVRC.org.

This episode involved discussion of sexual assault. There are a number of resources available for survivors and victim of sexual assault, including the Rape, Abuse & Incest National Network (RAINN). They offer a free, confidential national sexual assault hotline at 800-656-HOPE as well as an online chat option.

Links to Listen:

Apple Podcasts · Spotify · Youtube · Youtube Music · Amazon Music · I Heart · Audacy

Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you hit play today. I’m happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!

Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense. I am not a military JAG and have never been a military JAG. While I’m a practicing attorney, I don’t do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.