Any experienced military appellate lawyer will tell you that the chances of winning on appeal can be low, depending on the issues raised in the appellate briefs. The hardest issue to have a court of criminal appeals dismiss the charges because they did not find there was enough evidence to…
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…
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…
According to multiple news reports, the president-elect’s transition team is “compiling a list of senior current and former U.S. military officers who were directly involved in the withdrawal from Afghanistan and exploring whether they could be court-martialed for their involvement….” https://www.nbcnews.com/politics/politics-news/trump-transition-team-compiling-list-current- former-us-military-office-rcna180489 . There are no on-the-record sources for the…
How the prosecution charges a sexual assault is important because consent has different legal meanings. United States v. Mendoza is an important new case that highlights the issue. As military appellate defense lawyers and trial defense counsel we have been arguing the Mendoza issue for some time (as have others).…