Court-Martial Trial Practice

Productivity
Philip D. Cave

Having represented numerous recruiters I’m aware that productivity is everything, and that creative “incentives” are often developed. But . . . Police have arrested a Marine Corps recruiter on charges of felony pimping and kidnapping and are looking into whether he used sex with a 14-year-old girl to entice potential recruits. Police say Recruiter Pimped…

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Contrary to law
Philip D. Cave

United States v. Contreras, ACM 37233 (A.F. Ct. Crim. App. 28 May 2009). Contreras is charged with violating Article 130, UCMJ, as well as some other serious charges. Regrettably this is one of a never ending series of sex cases stemming from alcohol. Here is the issue on the 130. AFCCA rejects application of United…

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Community regulation.
Philip D. Cave

The blog Opinio Juris is one of many frustrated with the type and quality of comments on blogs. So, here’s what they are doing about it. New Comment Voting Feature at Opinio Juris by Roger Alford Readers will note that today Opinio Juris has incorporated a new comment feature that allows our readers to help…

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A chaplain’s convictions.
Philip D. Cave

A Navy chaplain who served aboard the aircraft carrier Carl Vinson was found guilty Monday of raping a young enlisted woman. The woman Dillman raped said that he befriended her after she came to him seeking help with problems. She said he attacked her in his apartment one afternoon after they had worked out together.…

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Recruiting standards
Philip D. Cave

It’s not hard to believe recruiters might go to any lengths to complete mission, having represented a lot of recruiters and also those who claim they were improperly recruited. But does this not take the cake? Not only the recruiter, but MEPS, and he got through boot-camp. Rick Rogers, Case stirs military recruiting questions: Autistic…

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Prosecution failure to provide credibility related discovery on their witnesses.
Philip D. Cave

A recent Ninth Circuit case highlights the importance of disclosing impeachment evidence and the consequences of failing to do so. The prosecutor requested a criminal history check on a key government witness. The prosecutor indicated he was unaware of the criminal history which was not disclosed to the defense. The defendant was convicted and subsequently…

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Military lawyering.
Philip D. Cave

Kenneth Anderson, The Role of the United States Military Lawyer in Projecting a Vision of the Laws of War, 2 Chi. J. Int. L. 445 (Fall 2003). Kenneth Anderson, Professor of Law, Research Fellow, The Hoover Institution on War, Revolution and Peace, Stanford University.

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Disturbing trend?
Philip D. Cave

NMCCA today issued an important published opinion setting aside a finding of guilty to distribution of child pornography under 18 U.S.C. § 2252A(a)(2). United States v. Craig, __ M.J. ___, No. NMCCA 200800716 (N-M. Ct. Crim. App. May 28, 2009). CAAFLog, 28 May 2009. AFCCA today issued a fascinating published opinion, which I’ve posted here.…

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More on Bergrin
Philip D. Cave

Joe Ryan, A swaggering defense attorney who authorities say turned his back on the law, The Star-Ledger (NJ.com), 31 May 2009. Last August, authorities say, Paul Bergrin traveled from Newark to Chicago hoping to meet a hit man. Bergrin, who investigators describe as a go-to lawyer for Newark street gangs, was working on the case…

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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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