Military defense counsel advised a client in trouble under the UCMJ will know about the right to silence and counsel. 1. Fifth Amendment Rights & Article 31, UCMJ — Overview Fifth Amendment Guarantees the right against self-incrimination in both civilian and military contexts. Under Miranda v. Arizona, custodial interrogation requires…
United States v. Mellette. Your military defense counsel needs to know about and understand this case. 📘 1. Background and Prior History Accused & ChargesEM1 (Nuclear) Wendell E. Mellette, Jr. was tried by general court-martial at NAS Jacksonville in August 2019. Contrary to his plea, he was convicted under Article 120b,…
Case Summary and Analysis: United States v. Forney, 67 M.J. 271 (C.A.A.F. 2009), that your military defense lawyer should consider. The Court of Appeals for the Armed Forces is about to get the case of United States v. Rocha, to consider private conduct which may or may not offend. I.…
There are new reports that gambling by servicemembers is becoming a significant problem. Patty Nieberg, Gambling addiction in the military may be going unnoticed, advocates warn. Task & Purpose, 3 July 2025. Gambling is not per se criminalized under the Uniform Code of Military Justice (UCMJ), but it can be…
For those who practiced under the “old” Article 32, UCMJ, it was considered an important stage in whether a person would be prosecuted at a general court-martial. Any military defense counsel who practiced before 2020, they would remember what the original Court of Military Appeals (CMA) (the name has since…
The recent Coast Guard case outlines nicely for an accused and military defense counsel how an appellate court evaluates lengthy post-trial delay. 1. Governing Framework for Post‑Trial Delay Courts evaluate post‑trial processing under two independent regimes: Doctrine Trigger Test Relief Constitutional Due Process Delay that is facially unreasonable Case‑by‑case screening…
What is the bottom line for a military defense counsel or accused who want to sever court-martial charges? Southworth is the leading military case on the subject. Factual Synopsis Appellant faced a single, joint general court‑martial for two sexual‑assault episodes committed on successive evenings, 5–6 August 1995. The first involved…
In Weisbeck, the Court of Appeals for the Armed Forces addressed the question of a delay in trial after the accused hired a civilian counsel. This is a case your military defense counsel should be aware of. The case does not hold that a delay is automatic, but it does…
Here is a summary of an interesting article about how the Army FAP denies a servicemember of due process, and recommending changes. We at Cave & Freeburg, have represented many servicemembers caught up in the FAP. Executive Summary The article critiques the U.S. Army’s Family Advocacy Program Incident Determination Committee (IDC), arguing that the…
Your military defense counsel will discuss with you the terms and requirements of a pretrial agreement, should you decide it is in your best interest to get “a deal.” However, once that deal is signed, the judge accepts it, and it is now on appeal, it is hard to get…