The First Amendment follows you into uniform, but it does not follow you the same way. Service members who do not understand where the line falls often cross it without knowing—and pay with their careers. This informational post is brought to you by Cave & Freeburg, LLP, at court-martial.com.

On March 25, 2026, the United States Army Court of Criminal Appeals issued its decision in United States v. Williams-Clark (ARMY 20230185). The court set aside a sexual assault conviction — one that carried a two-year confinement term — not on the merits, but because the verdict itself was fatally ambiguous. The military judge convicted Private Williams-Clark of sexual assault without consent while simultaneously acquitting him of sexual assault when the victim was incapable of consenting. Both specifications covered the same day, the same location, and the same victim — but two separate sexual acts.

The court could not determine which act formed the basis of the conviction. That uncertainty, the court held, made meaningful appellate review impossible. The conviction had to go.

What Actually Happened at Trial

Published by Cave & Freeburg LLP | Military Justice Defense Attorneys

Case Citation: United States v. Castillo, No. ACM 40705 (A.F. Ct. Crim. App. Mar. 11, 2026) | Unpublished

A recent Air Force Court of Criminal Appeals decision — United States v. Castillo — raises an important question every military defense lawyer must understand: when does a military judge have a duty to instruct on an affirmative defense, even during a guilty plea proceeding? The answer directly affects court-martial strategy, plea negotiations, and appellate rights for servicemembers facing charges under the Uniform Code of Military Justice (UCMJ).

Overview

The Navy-Marine Corps Court of Criminal Appeals (NMCCA) decided United States v. Selleneit on 17 March 2026, affirming the findings and sentence of a general court-martial tried at Naval Station Rota, Spain. Fire Controlman Aegis Petty Officer Second Class (E-5) George B. Selleneit faced charges of sexual assault under Article 120, UCMJ, and unlawful entry under Article 129, UCMJ. A panel of officer and enlisted members acquitted him of sexual assault but convicted him of unlawful entry. The court sentenced Selleneit to reduction to E-3, restriction to USS Porter for two months, and forfeiture of all pay and allowances for two months (with the convening authority waiving forfeitures above two-thirds pay per month).

Factual Background