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 rule was based on…
Continue reading ›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 Army Court of Criminal Appeals…
Continue reading ›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 strategies. Understanding the Charges…
Continue reading ›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 story and though various other…
Continue reading ›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). So we were pleased to…
Continue reading ›The Army Court of Criminal Appeals has issued an important decision in United States v. Brassfield, __ M.J. ___ (Army Ct. Crim. App. 2024) (en banc) The court reaffirms that a servicemember accused of assault against their child may raise the defense of “it was parental discipline.” The definition of what is or isn’t criminal…
Continue reading ›There is good news for about 800 prior servicemembers who where discharged because of their sexuality. At leadership’s direction, the Services have completed 800 of 863 discharges without the person having to apply for one. “[O]f the nearly 13,500 individuals who were administratively separated under Don’t Ask, Don’t Tell policy, and served long enough to…
Continue reading ›Military.com reports new efforts within the Marine Corps to track extremism in the ranks. Drew F. Lawrence, Marine Corps Extremist, Gang Activity Must Be Immediately Reported Up the Chain, Service Says. Military.com, 4 September 2024. The Marine Corps is streamlining how its commands report protests, extremism and gang activity among Marines, according to an administrative…
Continue reading ›A 2024 GAO Report to the Committee on the Armed Services, House of Representatives tells you all you need to know to justify hiring an experienced military defense law firm to represent you at court-martial. Senior officials from each service also raised concerns about the newly established Office of Special Trial Counsel (OSTC) and the…
Continue reading ›Military service is a noble calling, but it can also lead to complex legal situations. When facing accusations or disciplinary actions, having experienced legal representation is crucial. Cave & Freeburg, LLP stands firmly behind service members across all branches (Army, Navy, Marine Corps, Air Force, and Coast Guard) with a proven track record of success…
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