Articles Posted in Uncategorized

It’s just sad
Philip D. Cave

It’s just sad that the public, and more importantly practitioners before the court have to rely on handouts from colleagues to get news out there about events in the CAAF. Here’s another. In United States v. Commisso, CAAF has granted on the following issue. WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION IN DENYING THE DEFENSE’S…

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News on mental health related administrative discharges
Philip D. Cave

SecNav has signed a new policy on administrative separations for misconduct where the person has a mental health issue. To protect Sailors and Marines suffering with post-traumatic stress disorder (PTSD), traumatic brain injury (TBI) or any other diagnosed mental health condition, Secretary of the Navy Ray Mabus has made his department the first in the…

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Did DoD lie to Sen. Gillibrand
Philip D. Cave

Senator Gillibrand accused DoD of lying to her about certain sexual assault statistics. Defense Secretary Ash Carter is pushing back on reports that the Pentagon misled Congress on its handling of sexual assault cases, blaming misunderstandings and a lack of access to some information. Now here is the letter SecDef Carter sent in response. Did…

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Otherwise unaware
Philip D. Cave

A 31 May 2016 grant at CAAF. No. 16-0418/NA. U.S. v. Jeffrey D. Sager. CCA 201400356. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issues: IN AFFIRMING THE ABUSIVE…

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Retaliation is bad, but what is it
Philip D. Cave

Now available: 05-09-2016, Investigative Oversight, Evaluation of the Separation of Service Members Who Made a Report of Sexual Assault (Project No. 2015C012), DODIG-2016-088. The report does not necessarily define what retaliation is–that’s a failing. Unfortunately people will start to believe it’s whatever the complaining witness says it is, even though something isn’t and shouldn’t be…

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