When the government does not like the decision of a Court of Criminal Appeals–because it favors the Appellant, the Government has an automatic “appeal.” It’s called certifying the issue. This is an example of unfairness and discrimination in the appellate process which military defense lawyers are well aware of. So,…
I. Introduction Stalking is a serious offense under military law, reflecting the military’s commitment to protecting service members from harassment, intimidation, and threats. It is criminalized under Article 130 of the Uniform Code of Military Justice (UCMJ), which was introduced as part of the 2013 amendments under the National Defense…
In United States v. Gree The appellant contends that the military judge erred in admitting evidence of uncharged acts occurring seventeen months after the charged offenses to establish a common plan or scheme. He argues that this evidence was improperly admitted under Military Rule of Evidence (M.R.E.) 404(b) and…
The “Don’t Ask, Don’t Tell” (DADT) policy, enacted in 1993 under President Bill Clinton, represented a compromise allowing gay, lesbian, and bisexual individuals to serve in the U.S. military provided they did not disclose their sexual orientation. This policy prohibited military personnel from discriminating against or harassing closeted service members…
If you are accused of domestic violence, assault, or a sexual offense, then your commander will issue a Military Protective Order (MPO) prohibiting you from contacting the alleged victim. As military defense counsel, we at Cave & Freeburg, LLP, have experience with MPOs and problems with them. Also, being given…
A court-martial sentenced servicemember has the right to a speedy appeal. The right is based on the Constitution and on various interpretations of military appellate courts like the Army Court of Criminal Appeals. The first and most command barrier to you or your loved one getting a speedy appeal is…
As military defense lawyers, we at Cave & Freeburg, LLP, along with Brenner Fissell, are representing transgender-plus servicemembers navigating the Trump executive orders. A History of Transgender and Gender Dysphoria Persons in the U.S. Military The history of transgender individuals and those experiencing gender dysphoria in the U.S. military has…
In United States v. Deremer, 2025 CCA LEXIS 46, 2025 WL 427756 (N-M.Ct. Crim. App. 20 Feb. 2025), NMCCA decided that when an alleged victim has an SVC, the MCIO must notify the SVC of any interviews, especially those with intent to interrogate the “victim” about a false allegation. The McOmber…
A convicted servicemember has the statutory and constitutional right to speedy review of their court-martial conviction. Unfortunately, the appellate cases show consistent problems in getting a record of the trial from the field to the court of criminal appeals. Here is a recent example. In United States v. Lathrop, the…
Sexual harassment accusations in the military can have severe consequences, potentially leading to criminal charges and court-martial proceedings. As of January 26, 2022, sexual harassment became a specified offense under Article 134 of the Uniform Code of Military Justice (UCMJ). This change has significant implications for those accused and their defense…