Court-Martial Trial Practice

Fourth Circuit
Philip D. Cave

North Carolina Judges James Wynn of Raleigh (JAGC, USNR) and Albert Diaz of Charlotte (former Marine JA), on their path to the 4th Circuit Court of Appeals, breezed through a brief confirmation hearing in the U.S. Senate on Wednesday, facing just a handful of questions from three senators. News Observer reports.

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Hasan update
Philip D. Cave

Rumor has it that there are now 12 trial counsel assigned to the prosecution of Major Nidal Malik Hasan, at least one of whom has military death penalty litigation experience. The defense remains at three with Mr. Galligan and two military defense counsel, none of whom have death penalty experience under the UCMJ. The Army…

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25% of Army pending prosecution-discharge for drug abuse
Philip D. Cave

The wrongful use of prescription medications is an offense under Article 112a, UCMJ. About one in four soldiers admit to abusing prescription drugs, most of them pain relievers, in a one-year period, according to a Pentagon health survey released Wednesday. The study, which surveyed more than 28,500 U.S. troops last year, showed that about 20…

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Cellphone search requires warrant
Philip D. Cave

Ohio holds today (4-3) that a cell phone search requires a warrant without exigent circumstances. Therefore, it was not subject to a search incident. Today’s cell phones are analogous to a computer. State v. Smith, 2009 Ohio 6426 (December 15, 2009). FourthAmendment blog reports. Seems there ought to be similar results for a military search…

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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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