coast guard Tag Archives — Court-Martial Trial Practice Blog

Government “appeals”

March 14, 2025 | The Law Office of Philip D. Cave

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, how does that work.

The general standard of review for a government certificate for review under the Uniform Code of Military Justice (UCMJ) is governed by Article 67(a)(2), UCMJ (10 U.S.C. § 867(a)(2)), which grants the U.S. Court of Appeals for the Armed Forces (CAAF) jurisdiction to review decisions of the service courts of criminal appeals (CCAs) upon certification by the Judge Advocate General (JAG) of the respective service.

Standard of Review for Government-Certified Issues

An appellate win for client convicted of sex offenses

December 22, 2023 | The Law Office of Philip D. Cave

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 in denying the defense presenting evidence of other sexual acts of the alleged victim. This issue usually comes up in a Military Rule of Evidence 412 motion. Here, the military judge botched it.

Up periscope

November 30, 2010 | The Law Office of Philip D. Cave

The Navy Times reports:

The civilian attorney for a cruiser skipper fired for cruelty and mistreatment of her crew told a board of inquiry in his opening statement Tuesday that his client had been the victim of a sexist and vengeful wardroom of incompetent officers and an inspector general’s investigation with a foregone conclusion.

Prior posting about this and other CO firings here and here.

Up periscope

October 21, 2010 | The Law Office of Philip D. Cave

Air Force Times reports:

A U.S. soldier was taken into custody after an Afghan detainee was found dead in his cell, apparently from a gunshot wound, NATO said in a statement Tuesday night.

Military.com reports:

Coast Guard San Diego Bay sitrep

October 17, 2010 | The Law Office of Philip D. Cave

Here SignOn San Diego reports the unusual situation of public release of pretrial agreement “discussions.”

The Coast Guardsman piloting the boat that killed 8-year-old Anthony DeWeese might have served a year or less in prison if his lawyers had pursued a plea deal dangled by the prosecution.

It is unclear how the emails surfaced publically.

San Diego Bay Coast Guard boating collision

October 13, 2010 | The Law Office of Philip D. Cave

the log (California’s Boating & Fishing News) reports:

The Coast Guard has ordered three petty officers to stand trial in a San Diego Bay crash that killed an 8-year-old boy during a holiday boat parade, an official said Oct. 6.

Rear Adm. Joseph R. Castillo, commander of the 11th Coast Guard District, ordered the general court-martial after reviewing a report by the investigating officer, Coast Guard Lt. Cmdr. Rick Foster said. That report concluded there was no legal justification for the Dec. 20, 2009, crash, the Los Angeles Times has reported.

Coast Guard collision San Diego Bay

October 10, 2010 | The Law Office of Philip D. Cave

Courtesy of cunninghamreport.com here are links to the Article 32, IO, report and recommendations.

Ramos Charges
Howell Charges
Rasmussen Charges

Couple of interesting points.

Up periscope

October 6, 2010 | The Law Office of Philip D. Cave

AP reports:

Two women testified at a military hearing Tuesday that they would not have had sex with an airman had they known he was HIV positive, and one said she believed him when he said he wasn’t because he was in the Air Force.

Professor Friedman has put up the transcript of argument in Michigan v. Bryant, a Crawford case.

What’s going on

October 6, 2010 | The Law Office of Philip D. Cave

CNN has this report on the Morlock Article 32, UCMJ, hearing.

A U.S. soldier accused of killing civilians in Afghanistan should face a court-martial on murder and other charges, an Army officer has recommended.

The recommendation, included in a document obtained by CNN, comes after prosecutors laid out their evidence against Spc. Jeremy Morlock in a hearing last week. Morlock is one of five members of the Army’s 5th Stryker Brigade who have been accused of premeditated murder in a series of incidents between January and May.

Coast Guard small boat collision

October 4, 2010 | The Law Office of Philip D. Cave

AP reports:

A U.S. Coast Guard investigating officer has found no legal justification for the deadly collision of a Coast Guard boat with a smaller vessel in San Diego Bay that killed an 8-year-old boy, the Los Angeles Times reported Monday.

San Diego 6 reports: