Articles Posted in Uncategorized

United States v. Mendoza, No. 23‑0210 (C.A.A.F. Oct. 7, 2024), along with a review of the historical evolution of Article 120, UCMJ.

The Air Force is now challenging four decisions of the Air Force Court of Criminal Appeals (AFCCA) before the Court of Appeals for the Armed Forces (CAAF) because they disagree with AFCCA setting aside Article 120, UCMJ, convictions based on the Mendoza case.

We at Cave & Freeburg, LLP, represent one of the four.

A recent case from the Court of Appeals for the Armed Forces (CAAF) highlights the ongoing problem of third-party consent to search of you property. For example, your wife consents.

United States v. Brinkman‑Coronel, Docket No. 24‑0159 (C.A.A.F. May 28, 2025) U.S. Courts – Armed Forces+1Justia Law+1, with historical context on recusal and consent-search doctrine in courts-martial.

1. 🧑‍⚖️ Case Summary

If you are convicted of certain offenses or a sentenced to a dishonorable discharge, you may lose your right to own, possess, use, and buy a firearm. Your military defense lawyer can tell about the effects of those convictions under the UCMJ.

United States v. Johnson, No. 24‑0004 (C.A.A.F. 2025), along with broader context on 18 U.S.C. § 922(g) firearm prohibitions in courts-martial:

📘 Case Summary: United States v. Johnson

United States v. Thomas, Docket No. 24‑0147 (C.A.A.F. June 2025). Batson challenges are relatively rare in courts-martial, and that’s something your military defense counsel should know about. Thomas is a recent example of how such a challenge should be conducted and evaluated.

The history of Batson v. Kentucky, 476 U.S. 79 (1986), in courts-martial reflects the adaptation and development of equal protection principles within the military justice system, particularly as applied to peremptory challenges during member (jury) selection. Below is a structured and detailed history, tracing its introduction, doctrinal development, and modern application in military courts.

I. 🧾 Batson v. Kentucky (1986): Civilian Origin

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

United States v. Mellette. Your military defense counsel needs to know about and understand this case.

📘 1. Background and Prior History

• Accused & Charges
  EM1 (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, UCMJ (sexual abuse of a child) for committing sexual contact upon his 15-year‑old sister-in-law. He received five years’ confinement and a dishonorable discharge afcca.law.af.mil+10Lewis & Clark Law School+10Findlaw+10.

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. Background and Procedural History

Lieutenant Junior Grade Brendan C. Forney, U.S. Navy, was convicted at a general court-martial of conduct unbecoming an officer and a gentleman under Article 133, UCMJ, 10 U.S.C. § 933, for possessing child pornography. The pornography, consisting of approximately 1,700–1,800 images of naked adolescent girls aged 10–15, was found on government computers aboard the USS David R. Ray while the ship was underway.

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: