1. Charges and Sentence Charges (Plea): Sentence (Special Court-Martial): 2. Issue Presented Single appellate issue: 3. Analysis of the Opinion Standard of Review Application to Factual Record Appellate Court Reasoning Holding 4. Primary Law Used Authority Application Articles 59(a) & 66(c), UCMJ (2016) Governs appellate review authority and sentence appropriateness criteria. Article 92, UCMJ (Violation…
Continue reading ›If you are on active duty and married to an undocumented “alien,” you have two concerns (1) how to get your spouse “legal,” and (2) avoiding disciplinary action. Your Legal Jeopardy Service members often ask whether marrying or living with an undocumented spouse exposes them to court-martial. The short answer is yes, in limited and…
Continue reading ›1. Charges and Sentence Charges/Specifications: The appellant, Chief Hospital Corpsman (E-7) Marvin B. Guzman, U.S. Navy, was tried by general court-martial at Naval Base San Diego, California, and convicted by members with enlisted representation of: Sentence: After the findings, the military judge conditionally dismissed the Article 92 charge due to an unreasonable multiplication of charges…
Continue reading ›United States v. Marschalek, No. ACM S32776 (A.F. Ct. Crim. App. Jan. 16, 2026). 1. Charges and Sentence Special Court-Martial, RAF Lakenheath, United Kingdom. Sentence. Charges: Pretrial Agreement: Appellant agreed to plead not guilty to Charge I (remaining specifications) and guilty to the amended specification of Charge II (indecent conduct). The government agreed to withdraw…
Continue reading ›1. Charges and Sentence Accused: Hospital Corpsman Petty Officer First Class (E-6) Anthony M. Clark, U.S. Navy. Charges (UCMJ): Sentence: Adjudged by a Special Court-Martial on 9 July 2022 at Naval Base San Diego: 2. Issue Presented Appellant raised three primary assignments of error on appeal: 3. Analysis of the Opinion A. Confrontation Clause (Sixth…
Continue reading ›Why Judicial Recusal Protects You in a court-martial A Cave & Freeburg, Military Lawyers, Client Explainer When you face investigation, adverse administrative action, or court-martial, one principle stands above all others: your case must be heard by a fair and impartial judge. The military justice system—like every American court—recognizes that justice collapses when a judge…
Continue reading ›It is Holiday-Season At Cave & Freeburg, we represent service members worldwide. One of the most common questions we receive each beginning after Thanksgiving is how will the holidays affect my case. It depends on what stage of the case you are in. Generally, investigations will slow down. The investigators and legal advisors “relax,” and…
Continue reading ›At Cave & Freeburg, our military defense lawyers bring decades of combined experience litigating appeals before every Service Court of Criminal Appeals and the U.S. Court of Appeals for the Armed Forces (CAAF). We study every new statutory amendment and every new judicial interpretation because appellate law shifts quickly—and those shifts can shape your future.…
Continue reading ›Military commanders rely on obedience to accomplish missions, protect forces, and enforce discipline. Servicemembers understand that duty demands compliance with lawful orders. But the law does not allow blind obedience. When an order crosses the boundary into criminality, a servicemember must refuse it—even in combat. The Court of Appeals for the Armed Forces sharpened this…
Continue reading ›When a service member faces investigation, court-martial, or conviction—every phase demands strategic legal representation rooted in military-justice experience. The recent case of United States v. Greene-Watson (No. 24-0096) illustrates how nuanced evidentiary rules, intense procedural scrutiny, and appellate risk converge in military justice. Here’s why the team at Cave & Freeburg LLP should be your…
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