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…
Court-Martial Trial Practice Blog
Cave & Freeburg, Military Defense Counsel It is Holiday-Season At Cave & Freeburg, we represent service members worldwide. One of the most common questions we receive each beginning after Thanksgiving is how will the holidays affect my case. It depends on what stage of the case you are in. Generally,…
Congress Changed Factual Sufficiency Review — What That Means for Your Military Appeal
At Cave & Freeburg, our military defense lawyers bring decades of combined experience litigating appeals before every Service Court of Criminal Appeals and the U.S. Court of Appeals for the Armed Forces (CAAF). We study every new statutory amendment and every new judicial interpretation because appellate law shifts quickly—and those…
Obeying Orders, Breaking the Law: The Limits of the “Superior Orders” Defense
Military commanders rely on obedience to accomplish missions, protect forces, and enforce discipline. Servicemembers understand that duty demands compliance with lawful orders. But the law does not allow blind obedience. When an order crosses the boundary into criminality, a servicemember must refuse it—even in combat. The Court of Appeals for…
Case Spotlight: United States v. Greene‑Watson — Why the Right Military-Lawyer Matters
When a service member faces investigation, court-martial, or conviction—every phase demands strategic legal representation rooted in military-justice experience. The recent case of United States v. Greene-Watson (No. 24-0096) illustrates how nuanced evidentiary rules, intense procedural scrutiny, and appellate risk converge in military justice. Here’s why the team at Cave &…
When Victim Unsworn Statements Go Too Far: Lessons from United States v. Valdez
How Cave & Freeburg Uses This Case to Protect Servicemembers at Trial and on Appeal At Cave & Freeburg, we read every new military appellate decision as soon as it comes out. We do that because each opinion—published or unpublished—reveals how judges understand the rules, how they react to imperfections…
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…
How a guilty plea can go wrong
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…
Military habeas corpus
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…
Hasan-Military Death Penalty
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…
Psychedelic mushroom testing coming to DoD
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,…