Articles Posted in Uncategorized

Defending Government Appeals: United States v. ScottGeorge
Philip D. Cave

Government appeals under Article 62 of the Uniform Code of Military Justice (UCMJ) involve some of the most procedurally complex cases in the military justice system. When the Government challenges a military judge’s ruling during an ongoing court-martial, the case unexpectedly shifts from trial litigation to appellate practice. Defense counsel must quickly defend a favorable…

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“Enduring the Storm: Reflections on the U.S. Navy’s ‘Fat Leonard’ Scandal”
Philip D. Cave

The Glenn Defense Marine Asia (GDMA) scandal—commonly referred to as the “Fat Leonard” case—was one of the largest corruption investigations in the history of the U.S. Navy. The scheme centered on Leonard Glenn Francis, the head of GDMA, a Singapore-based ship husbanding contractor that serviced U.S. Navy vessels throughout the Western Pacific. Beginning in the…

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Court-martial jurisdiction
Philip D. Cave

United States v. Munn (ARMY 20250252) United States Army Court of Criminal Appeals — Summary Disposition (25 Feb 2026) Procedural Posture PFC Elijah T. Munn pleaded guilty at a special court-martial to attempted patronage of a prostitute under Article 80, UCMJ. Pursuant to a plea agreement, the government moved to dismiss: with dismissal “without prejudice to ripen into prejudice” upon…

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Illegal transportation of an alien
Philip D. Cave

Senior Airman Brennen J. Patterson served in the U.S. Air Force and stood before a general court-martial convened at Joint Base San Antonio–Fort Sam Houston, Texas. The military judge accepted Patterson’s plea, pursuant to a plea agreement, to one specification of illegal transportation of an alien within the United States in violation of 8 U.S.C.…

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United States v. Poller — Appellate Review of Sentence and Legal Issues
Philip D. Cave

On Jan. 28, 2026, the Navy-Marine Corps Court of Criminal Appeals (NMCCA) issued its decision in United States v. Poller, affirming both the findings and sentence imposed at general court-martial for Hos- pital Corpsman Third Class (E-4) Chase R. Poller. Poller pleaded guilty to multiple violations of Article 134, UCMJ — specifically receiving, possessing, distributing,…

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When Internet Evidence Isn’t Enough: Lessons from United States v. Taylor for Military Defense Practice
Philip D. Cave

In United States v. Taylor, NMCCA No. 202400313, the United States Navy-Marine Corps Court of Criminal Appeals (NMCCA) delivered a clear message about the limits of circumstantial evidence in CSAM prosecutions when the Government fails to connect digital evidence to the accused beyond a reasonable doubt. Decided 29 January 2026, this unpublished opinion confronts core…

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When “Unwelcome” Becomes Criminal: Lessons from United States v. Tennyson
Philip D. Cave

The Navy-Marine Corps Court of Criminal Appeals’ recent decision in United States v. Tennyson underscores a reality that senior enlisted members and officers cannot afford to ignore: sexual-harassment allegations under Article 92, UCMJ, often turn on regulatory language, not common-law instincts about severity or harm. The case also illustrates why early, experienced defense representation matters…

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Military Whistleblower Protections–or not
Philip D. Cave

Below is a focused summary of Truth-Telling in the Military: A Guide to Whistleblowing for Service Members by the Government Accountability Project, with particular attention to how Cave & Freeburg can help service members navigate the rules, risks, and procedural traps. If you have made or intend to make a complaint that could be described…

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Full Acquittal, Career Saved: How Cave & Freeburg Won a General Court-Martial at Quantico
Philip D. Cave

When a Marine Gunnery Sergeant faced a life-altering court-martial at Quantico, the prosecution alleged dereliction of duty leading to death arising from an incident during an Africa deployment. The charge carried severe criminal exposure and the very real prospect of a destroyed career, lost retirement, and permanent stigma. The stakes were as high as they…

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United States v. Rosario, NMCCA No. 202400297 (Dec. 19, 2025)
Philip D. Cave

1. Charges and Sentence Charge and Specification Sentence Additional Procedural Context 2. Issue Presented Single Assignment of Error 3. Analysis of the Opinion Standard of Review Preservation of the Issue Speedy Trial Analysis The NMCCA applied the Barker v. Wingo four-factor balancing test (U.S. Supreme Court precedent) to evaluate whether there was unreasonable delay under…

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