military Tag Archives — Court-Martial Trial Practice Blog

Transgender-plus

March 7, 2025 | The Law Office of Philip D. Cave

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 varied in periods of exclusion, evolving policies, legal challenges, and eventual inclusion efforts. The regulatory framework surrounding transgender military service has shifted based on changing presidential administrations, military directives, and judicial rulings.

Confronting experts

July 8, 2012 | The Law Office of Philip D. Cave

Now that the current slew of confrontation cases are decided it’s time to regroup.

Let’s start with my former evidence professor, Paul Gianelli (a former Army JA).

Confrontation, Experts, and Rule 703

Up periscope

September 1, 2010 | The Law Office of Philip D. Cave

TheAtlanticWire reports:

Mother Jones’ Adam Weinstein reports that soldiers at Virginia’s Fort Eustis were recently punished for refusing to attend one of the many Christian evangelical events sponsored by the commanding base general and "self-professed ‘reborn’ officer, Maj. General James E. Chambers." The incident and subsequent investigation have revealed a Fort Eustis culture where Christian evangelism isn’t just pervasive, it’s a direct order. Weinstein explains that this isn’t just a quirky, isolated incident. It’s part of an increasingly zealous military culture of evangelical-or-else[.]

Here is a link to the Mother Jones article.

A well armed militia

December 31, 2009 | The Law Office of Philip D. Cave

A former commander in the Tennessee State Guard has lost an appeal to overturn his conviction for trying to provide his soldiers with homemade machine guns for possible use in defending the state.

At trial and in his appeal, Mr. Hamblen argued that he and his soldiers had a Second Amendment right as members of the state militia to possess military-grade weapons.

He said Tennessee’s state guard arsenal included only 21 M-16 rifles for 3,500 volunteer soldiers.

AF nurse case is in the initial trial stages

November 13, 2009 | The Law Office of Philip D. Cave

WOAI.com reports:

A former military nurse will be court-martialed for allegedly killing three terminally ill patients at the Air Force’s largest hospital. Capt. Michael Fontana is set to enter a plea in September at Lackland Air Force Base, near San Antonio. The military announced Tuesday that a trial date will also be set.

Charges have not been referred capital.