Court-Martial Trial Practice

New Navy judges
Philip D. Cave

Thanks to CAAFLog for a list of potential new Department of the Navy MJ’s. Maj Troy H. Campbell, USMC, CDR Robert J. Crow, JAGC, USN, CAPT Terry C. Ganzel, JAGC, USNR, CDR George Glenn Gerding, JAGC, USNR, CDR John S. Han, JAGC, USNR, CDR Donald C. King, JAGC, USN, CDR Brian C. Lansing, JAGC, USNR,…

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Wuterich update
Philip D. Cave

Military.com reports that: A four-star general will testify at a pretrial hearing in the biggest criminal case against U.S. troops to arise from the Iraq war, a Marine Corps spokesman said Thursday. Gen. James Mattis is scheduled to address a military judge Monday on a defense motion to dismiss charges against Staff Sgt. Frank Wuterich…

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NMCCA decides Denedo
Philip D. Cave

NMCCA has it’s opinion in United States v. Denedo, the petition for error coram nobis that his been winding its way through the courts, include the United States Supreme Court. Essentially the court finds that even if there were IAC, petitioner has not established prejudice. Back to CAAF? As it stands, the case represents a…

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The next SCOTUS Justice?
Philip D. Cave

How appealing refers to: A case the U.S. Supreme Court has taken up over a Christian group’s challenge to UC Hastings College of the Law’s nondiscrimination policy for student groups could end up influencing the political debate over a possible vacancy on the court this summer. In many ways, the case puts 7th U.S. Circuit…

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Nidal Malik Hasan update
Philip D. Cave

WOAI.com reports: Hasan’s lawyer claims the U.S. Army is withholding key information he needs to defend Hasan. Attorney John Galligan said he has been waiting months for classified material needed to help his client. He said he has been given limited access to criminal investigation files. Does Mr. Galligan have the appropriate security clearance? If…

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Another abuse of power case?
Philip D. Cave

Military.com reports: Last summer, more than a year after completing a seemingly successful tour as commanding officer of the amphibious assault ship Wasp, Capt. Michael Hawley was removed from his post as the head of a Norfolk-based training group. . . . But a report from the Naval Inspector General’s office outlines six personal or…

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New CAAF opinion dealing with search authorizations in CP cases
Philip D. Cave

United States v. Clayton. Another special exception, in of course, a CP case. The dissent says it all. RYAN, J., with whom ERDMANN, J., joins (dissenting): I cannot agree with the continued dilution of the requirement that there be an actual, as opposed to an intuitive or a hypothetical, nexus between the evidence sought and…

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New ACCA opinion
Philip D. Cave

ACCA has issued an opinion in United States v. Watson, another administrative discharge issued pending appeal, this time an officer. A military judge sitting as a general court-martial convicted appellant, pursuant to her pleas, of larceny of government property and fraud against the United States (two specifications), in violation of Articles 121 and 132, Uniform…

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Coastie O-6 headed to trial
Philip D. Cave

Navy Times reports that: A former sector commander in Alaska is facing a general court-marital for charges of adultery, fraternization and other sexual improprieties. Capt. Herbert “Mark” Hamilton III has been charged with 30 counts, including: failing to follow orders; lying to investigators; committing adultery with enlisted personnel; sending and receiving “sexual and amorous text…

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Client Reviews

Many years after retiring from the USN, I suddenly found myself in a very unwelcome legal matter with the Navy. It was a total shock and I was very concerned as to the impact this would have on me and my...

Rob

I was facing accusations that would not only ruin my career but my life. When I hired Mr. Freeburg, he gave me the hope that everything would be turn out great. He put a great team together along with my...

Air Force Anonymous

Phil Cave has helped me through NJP and restoration of my security clearance. He even came to visit me in Spain. I never thought I would work again and he certainly through with advise and guidance that we're...

Bryan

Mr. Nathan Freeburg fought and won a war for me. A war where my life was on the line. The week of trial was extremely long but he never seemed like he was tired. The prosecution were getting whittled down each...

Navy Anonymous

Mr. Cave saved my military retirement! His promise to me from day one was that he would fight as hard as he could he right the wring that had been done to me. And he did! I am so very thankful and grateful to...

Crystal

Mr. Freeburg is passionate about justice and upholding the law and dignity of the court. He is brave and bold in his ability to represent his clients amidst the attempted intimidation and procedural pressure...

Navy Represented

The Army and prosecution was pushing for me to take a Chapter 10. But Mr. Freeburg made me confident we could win. We went to trial and he crushed them in cross examination and he saved my career.

Vince

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