Any experienced military appellate lawyer will tell you that the chances of winning on appeal can be low, depending on the issues raised in the appellate briefs. The hardest issue to have a court of criminal appeals dismiss the charges because they did not find there was enough evidence to…
NCIS Rights Advisements and the Line Between Clarification and Misleading: A Short Analysis of United States v. Rivera At Cave & Freeburg, we study every new appellate opinion because each decision reveals how investigators question service members and how courts evaluate those interrogations. These cases help us identify issues that…
When “Knowing Possession” Becomes the Decisive Issue: ACCA Sets Aside Guilty Plea in United States v. Douangdara We at Cave & Freeburg read every new military appellate decision when it comes out. We do that to stay current, identify potential issues that might help you, and evaluate how each opinion…
Summary and Analysis of United States v. Adams (C.A.A.F. 2025) Per curiam; writ-appeal petition dismissed for lack of jurisdiction. I. Procedural Posture and Case Summary Sergeant Thomas M. Adams petitioned the Army Court of Criminal Appeals (ACCA) for a writ of habeas corpus, arguing that his conviction violated Rule for…
The U.S. Supreme Court denied his petition in March. See, e.g., Lauren Keenan, Hegseth seeks death penalty for Fort Hood shooter Nidal Hasan. SAN, 24 September 2025. A. Sec. Hegseth is not seeking the death penalty; that’s been adjudged and affirmed, but he is seeking approval so an execution can be scheduled…
Informational Note for DoD Personnel: “Pentagon will now drug-test for psychedelic mushrooms” What’s new—key points from Task & Purpose article DoD is adding psilocin (the active metabolite of psilocybin) to its drug-testing panels. An August 18 memorandum from the Under Secretary of Defense for Personnel & Readiness directs the change,…
Info Note for U.S. Military Personnel in Europe Topic: Bicycling while intoxicated (BUI) overseas—what an Army Lawyer article means for you Bottom line (read this first) Under the UCMJ, “any vehicle” includes a bicycle. If your blood-alcohol content (BAC) is 0.08 g/100 mL or higher outside the United States, you…
18 U.S.C. § 922, part of the Gun Control Act of 1968, is one of the most important federal statutes regulating firearms and ammunition in the United States. It delineates specific prohibitions on the possession, sale, transfer, shipment, and receipt of firearms and ammunition under various circumstances. The statute aims…
United States v. Mendoza, No. 23‑0210 (C.A.A.F. Oct. 7, 2024), along with a review of the historical evolution of Article 120, UCMJ. The Air Force is now challenging four decisions of the Air Force Court of Criminal Appeals (AFCCA) before the Court of Appeals for the Armed Forces (CAAF) because they disagree…
A recent case from the Court of Appeals for the Armed Forces (CAAF) highlights the ongoing problem of third-party consent to search of you property. For example, your wife consents. United States v. Brinkman‑Coronel, Docket No. 24‑0159 (C.A.A.F. May 28, 2025) U.S. Courts – Armed Forces+1Justia Law+1, with historical context…
If you are convicted of certain offenses or a sentenced to a dishonorable discharge, you may lose your right to own, possess, use, and buy a firearm. Your military defense lawyer can tell about the effects of those convictions under the UCMJ. United States v. Johnson, No. 24‑0004 (C.A.A.F. 2025), along with…