ucm Tag Archives — Court-Martial Trial Practice Blog

Stalking Under the Uniform Code of Military Justice (UCM

March 13, 2025 | The Law Office of Philip D. Cave

I. Introduction

Stalking is a serious offense under military law, reflecting the military’s commitment to protecting service members from harassment, intimidation, and threats. It is criminalized under Article 130 of the Uniform Code of Military Justice (UCMJ), which was introduced as part of the 2013 amendments under the National Defense Authorization Act (NDAA) for Fiscal Year 2013. The offense aligns with the broader efforts to address domestic violence, harassment, and misconduct affecting unit cohesion and readiness.

As court-martial defense lawyers, Cave & Freeburg, LLP, have experience and success in defending persons accused of offenses under the Uniform Code of Military Justice. Call or email to discuss your investigation, charges, court-martial, or appeal.

Galesburg CP case

January 18, 2010 | The Law Office of Philip D. Cave

Here is a little more information about the NG soldier held in Afghanistan pending court-martial for alleged CP sent to him by his mother.

The family of an Illinois National Guard soldier believes he was wrongly accused of possessing child pornography by a friend he had recently argued with.

Rodney and Terri Miller told the Galesburg Register-Mail that their son, Specialist Billy Miller, had a falling out with a friend Afghanistan, and the friend subsequently reported seeing inappropriate pictures on Billy Miller’s laptop.

Up periscope – 180110

January 18, 2010 | The Law Office of Philip D. Cave

USA Today reports the LTC shoplifting case:

A U.S. Army lieutenant colonel facing court-martial on a shoplifting charge blames the Army for mistakenly reducing the medicine he takes to curb his urge to steal.

Army Times reports:

Impeachment by prior conviction

January 9, 2010 | The Law Office of Philip D. Cave

Every so often the comes up of impeachment by prior conviction under Mil. R. Evid. 609. The reminder is that:

The fact of a pending appeal does not defeat admission, but it may be brought up and discussed. Mil. R. Evid. 609(e).

A summary court-martial may not be used to impeach under this rule. There may be other ways to impeach with conduct subject to discipline at a summary court-martial, but not Mil. R. Evid. 609. (Further evidence that an SCM is not considered a “conviction?”)