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…
Senior Airman Brennen J. Patterson served in the U.S. Air Force and stood before a general court-martial convened at Joint Base San Antonio–Fort Sam Houston, Texas. The military judge accepted Patterson’s plea, pursuant to a plea agreement, to one specification of illegal transportation of an alien within the United States…
On Jan. 28, 2026, the Navy-Marine Corps Court of Criminal Appeals (NMCCA) issued its decision in United States v. Poller, affirming both the findings and sentence imposed at general court-martial for Hos- pital Corpsman Third Class (E-4) Chase R. Poller. Poller pleaded guilty to multiple violations of Article 134, UCMJ…
In United States v. Taylor, NMCCA No. 202400313, the United States Navy-Marine Corps Court of Criminal Appeals (NMCCA) delivered a clear message about the limits of circumstantial evidence in child pornography prosecutions when the Government fails to connect digital evidence to the accused beyond a reasonable doubt. Decided 29 January…
The Navy-Marine Corps Court of Criminal Appeals’ recent decision in United States v. Tennyson underscores a reality that senior enlisted members and officers cannot afford to ignore: sexual-harassment allegations under Article 92, UCMJ, often turn on regulatory language, not common-law instincts about severity or harm. The case also illustrates why…
Below is a focused summary of Truth-Telling in the Military: A Guide to Whistleblowing for Service Members by the Government Accountability Project, with particular attention to how Cave & Freeburg can help service members navigate the rules, risks, and procedural traps. If you have made or intend to make a…
When a Marine Gunnery Sergeant faced a life-altering court-martial at Quantico, the prosecution alleged dereliction of duty leading to death arising from an incident during an Africa deployment. The charge carried severe criminal exposure and the very real prospect of a destroyed career, lost retirement, and permanent stigma. The stakes…
1. Charges and Sentence Charge and Specification Appellant, Private First Class Avery L. Rosario, U.S. Marine Corps, pleaded guilty to: Breach of restriction, in violation of Article 87b, Uniform Code of Military Justice (UCMJ) (10 U.S.C. § 887b). Sentence The military judge at special court-martial sentenced Appellant (9 April 2024,…
1. Charges and Sentence Charges (Plea): One specification of violating a lawful general order (fraternization) in violation of Article 92, UCMJ. One specification of false official statement (lying to Naval Criminal Investigative Service [NCIS]) in violation of Article 107, UCMJ. (A second false official statement specification was withdrawn pursuant to…
If you are on active duty and married to an undocumented “alien,” you have two concerns (1) how to get your spouse “legal,” and (2) avoiding disciplinary action. Your Legal Jeopardy Service members often ask whether marrying or living with an undocumented spouse exposes them to court-martial. The short answer…
1. Charges and Sentence Charges/Specifications: The appellant, Chief Hospital Corpsman (E-7) Marvin B. Guzman, U.S. Navy, was tried by general court-martial at Naval Base San Diego, California, and convicted by members with enlisted representation of: One specification of violation of a lawful general order, in violation of Article 92, UCMJ…