NMCCA affirmed a Marine’s child pornography pleas despite claims that counsel pressured him during a recess and failed to hire a digital forensic expert. A military defense lawyer at Cave & Freeburg explains the takeaways. (rentas-nmcca-providence-ineffective-assistance-military-defense-lawyer) United States v. Rentas: When “Trash” Almost Sank a Plea—And the IAC Claim That Followed On 30 April 2026,…
Continue reading ›The Air Force Court of Criminal Appeals set aside an Airman’s drug conviction because the Government failed to prove delta-8 THC was a Schedule I controlled substance. A military defense lawyer at Cave & Freeburg explains what it means. (delta-8-thc-article-112a-byrd-military-defense-lawyer) Delta-8 THC and Article 112a, UCMJ: Why the Government Lost in United States v. Byrd…
Continue reading ›United States v. Guinsler — Case Summary, prepared by Phil Cave of Cave & Freeburg, LLP What the Court Decided in Guinsler In January 2026, a federal grand jury in the Eastern District of Virginia indicted Army soldier James Isaac Guinsler on four counts of coercion and enticement of a child and one count of…
Continue reading ›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 against false convictions. The BRD…
Continue reading ›Two recent decisions of CAAF condone unlawful or bad practices when OSI, CID, NCIS, and CGIS search cellphones; United States v. Shields and United States v. Lattin. As a result, the MCIOs are unlikely to change their unlawful or bad practices. More than sloppy police work gets two passes because the military appellate courts think…
Continue reading ›My argument is no, and as military defense lawyers, this is our position at a court-martial trial held under the UCMJ. In State v. Terrance Police, 2022 Conn. LEXIS 123 (May 10, 2022), the issue was whether “touch DNA” was good enough for probable cause to get an arrest warrant. Here is the important part…
Continue reading ›Wednesday, March 25, 2020 Batts & Sanger on Collecting Forensic Evidence in the Emergency Department By CrimProf BlogEditor Share Jayne J. Batts and Robert M. Sanger (affiliation not provided to SSRN and Santa Barbara College of Law) have posted Collecting Forensic Evidence in the Emergency Department: A Guide for Lawyers, Investigators, and Experts (American Journal…
Continue reading ›Cheng & Mannion on Forensic Reports and the Confrontation Clause By CrimProf BlogEditor Share Edward K. Cheng and Cara Mannion (Vanderbilt Law School and affiliation not provided to SSRN) have posted Unravelling Williams v. Illinois (NYU Law Review Online) on SSRN. Here is the abstract: Forensics are a staple of modern criminal trials, yet what…
Continue reading ›From friend BW. State commission calls blood-spatter testimony in murder case ‘not … scientifically supported’ By Pamela Colloff, ProPublica, July 24, 201 An influential state commission said the blood-spatter analysis used to convict a former Texas high school principal of murdering his wife in 1985 was “not accurate or scientifically supported” and the expert who…
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