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…
Summary and Analysis of the Opinion: Deference Owed to the Military Justice System and the Limits of Collateral Review by Federal District Courts The review is based on Csady v. Ashworth, but it is equally applicable when federal courts examine habeas corpus petitions from military prisoners under 28 U.S.C. 2241.…
You are on trial for an offense and the prosecution wants to introduce evidence against you under Military Rule of Evidence 404(b). How does that work and what can your military defense lawyer do to exclude such evidence. The first step is to object to the evidence before trial by…
In United States v. Urieta, The appellant, a specialist in the U.S. Army, was charged with multiple sexual assault offenses and a false official statement. During voir dire at his court-martial, he challenged the selection of Sergeant First Class (SFC) Bravo as a panel member, arguing actual and implied bias…
Statutes of limitations are legal deadlines for filing criminal charges. They are essential because: Statutes of limitations are crucial in preserving evidence and ensuring a fair trial. As time passes, evidence can deteriorate, witnesses can forget details or become unavailable, and memories can become less reliable. This can significantly…
Reasonable doubt is the fundamental pillar protecting the rights of accused service members in a court martial. It is a legal standard that ensures a fair and just process and safeguards against the potential for wrongful convictions. The prosecutor must prove a case beyond a reasonable doubt, a crucial safeguard…
The Army Court of Criminal Appeals has issued an important decision in United States v. Brassfield, __ M.J. ___ (Army Ct. Crim. App. 2024) (en banc) The court reaffirms that a servicemember accused of assault against their child may raise the defense of “it was parental discipline.” The definition of…
Military service is a noble calling, but it can also lead to complex legal situations. When facing accusations or disciplinary actions, having experienced legal representation is crucial. Cave & Freeburg, LLP stands firmly behind service members across all branches (Army, Navy, Marine Corps, Air Force, and Coast Guard) with a…
This week we received the decision of the Army Court of Criminal Appeals of a client accused of homosexual sexual assaults. He had been convicted and sentenced to 14 years of confinement. We raised many issues during his appeal. The Army Court found a serious error by the military judge…
On December 6, 2023, the Secretary of the Army, Ms. Christine Wormuth, fired Brigadier General (BG) Warren Wells, the Army’s chief prosecutor and head of the Office of the Special Trial Counsel (OSTC), for an email he had sent ten years prior while in a defense counsel role. This firing…