Court-Martial Trial Practice

Interesting ACCA case pending
Philip D. Cave

In United States v. Willis, No. ARMY 20071339, which is being argued on Thursday, the issue is: “WHETHER THE PROSECUTION AGAINST APPELLANT WAS BARRED BY A GRANT OF DE FACTO IMMUNITY WHEN THE GOVERNMENT AGREED TO DISMISS CHARGES IF APPELLANT PASSED A POLYGRAPH EXAMINATION AND APPELLANT PASSED A POLYGRAPH EXAMINATION.” h/tip CAAFLog.

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Major Hasan update 210210
Philip D. Cave

Fort Hood and the Bell County Sheriff’s Office are in discussions to transfer Maj. Nidal Malik Hasan, the man accused of killing 13 and wounding 32 others during a Nov. 5 shooting at Fort Hood, from the Brooke Army Medical Center in San Antonio to Bell County Jail. Reports kdhnews.com John Galligan, attorney for Nidal…

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Concerned about alcohol abuse
Philip D. Cave

The Navy’s largest overseas installation has seen a significant drop in incidents of drinking and driving over the last two years, thanks in part, to a persistent sobriety checkpoint program, according to base officials. Stars & Stripes reports. The answer to alcohol related incidents, including deaths, injury, and property damage is simple. Treat alcohol as…

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UA mom
Philip D. Cave

Both Hutchinson and her civilian attorney, Rai Sue Sussman, are happy with the results. In a press release from Sussman’s office, Hutchinson said that she is “excited to know what will happen to me, and that I am not facing jail. “Alexis is pleased because she now will have closure and knows what is going…

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Major Hasan ripples
Philip D. Cave

The military will formally discipline at least six officers, mostly from Walter Reed Army Medical Center in Washington, for failing to take action against the officer accused of carrying out last year’s deadly shooting rampage at Fort Hood, according to people familiar with the matter. In announcing the findings, Defense Secretary Robert Gates said he…

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Mother accepts discharge in lieu of trial
Philip D. Cave

An Army specialist who refused deployment to Afghanistan because no one was available to care for her infant son in her absence has agreed to leave the military instead of facing a court-martial, service officials said. As part of the agreement 21-year-old Spc. Alexis Hutchinson will be stripped of her rank and become ineligible for…

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Pantano for Congress
Philip D. Cave

Three Republicans are vying for the nomination to run for the seat and all three are military vets — but only one has the kind of star power that comes with a personal story that extends from Hell’s Kitchen in Manhattan to the fast-money world of Wall Street, and includes film-making, a best-selling book, an…

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Collateral consequences
Philip D. Cave

The 8th Circuit Court of Appeals considers a conviction of “housebreaking,” under Article 130, UCMJ, to be a crime of violence for firearms possession charges in federal district court. We frequently are asked by clients if they can still own a firearm. The answer is a very nuanced one, as Begay and Whetzell indicate. Appellant’s…

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Client Reviews

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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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