Court-Martial Trial Practice

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…

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…

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…

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…

As a trial and appellate lawyer, I pay attention to word and phrase choices because of the potential effect on the reader or listener. You may be familiar with the saying, ‘it’s not what you say (write) but what the other person hears (reads).’ The point is that the listener may interpret what you have…

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…

It is reported by Stars & Stripes that the NDAA for 2025 will include a provision barring testing for marijuana of new applicants for military service. The NDAA proposal’s idea is that the marijuana testing requirement discourages potential recruits from enlisting. This concern is particularly significant because the Services are currently facing recruiting challenges. By…

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…

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…

U.S. Navy Regulation 1137 focuses on the obligation of service members to report offenses. It states: “Persons in the naval service shall report as soon as possible to superior authority all offenses under the Uniform Code of Military Justice (UCMJ) which come under their observation, except when such persons are themselves already criminally involved in…