marine 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

Up periscope

August 22, 2010 | The Law Office of Philip D. Cave

Coast Guard Report reports that:

Commander, Naval Network Warfare Command, Rear Adm. Edward H. Deets III, relieved Cmdr. Mary Ann L. Giese, commanding officer of U.S. Naval Computer and Telecommunications Station (NCTS) Bahrain Aug. 21 due to loss of confidence in her ability to command.

The decision to relieve Giese comes after a preliminary investigation into allegations that she had been involved in inappropriate relationships with other Navy personnel.

Rapper case wrapped up

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

It appears that the case of the “rapper” charged with making threats through rap songs and his website has been resolved. For some weeks the case drew criticism from supporters and the public and the military attitude to free speech issues. Something that we are seeing again in regard to LTC Lakin and Sgt Gary Stein the Marine on the left coast and his MySpace page.

On the rapper, Army Times reports:

Army spokesman Lt. Col. Eric Bloom said Saturday that top brass decided to discharge Hall instead of taking him to trial in part because he admitted his guilt.