Below is a focused summary of Truth-Telling in the Military: A Guide to Whistleblowing for Service Members by the Government Accountability Project, with particular attention to how Cave & Freeburg can help service members navigate the rules, risks, and procedural traps. If you have made or intend to make a complaint that could be described…
Continue reading ›When a Marine Gunnery Sergeant faced a life-altering court-martial at Quantico, the prosecution alleged dereliction of duty leading to death arising from an incident during an Africa deployment. The charge carried severe criminal exposure and the very real prospect of a destroyed career, lost retirement, and permanent stigma. The stakes were as high as they…
Continue reading ›1. Charges and Sentence Charge and Specification Sentence Additional Procedural Context 2. Issue Presented Single Assignment of Error 3. Analysis of the Opinion Standard of Review Preservation of the Issue Speedy Trial Analysis The NMCCA applied the Barker v. Wingo four-factor balancing test (U.S. Supreme Court precedent) to evaluate whether there was unreasonable delay under…
Continue reading ›1. Charges and Sentence Charges (Plea): Sentence (Special Court-Martial): 2. Issue Presented Single appellate issue: 3. Analysis of the Opinion Standard of Review Application to Factual Record Appellate Court Reasoning Holding 4. Primary Law Used Authority Application Articles 59(a) & 66(c), UCMJ (2016) Governs appellate review authority and sentence appropriateness criteria. Article 92, UCMJ (Violation…
Continue reading ›If you are on active duty and married to an undocumented “alien,” you have two concerns (1) how to get your spouse “legal,” and (2) avoiding disciplinary action. Your Legal Jeopardy Service members often ask whether marrying or living with an undocumented spouse exposes them to court-martial. The short answer is yes, in limited and…
Continue reading ›1. Charges and Sentence Charges/Specifications: The appellant, Chief Hospital Corpsman (E-7) Marvin B. Guzman, U.S. Navy, was tried by general court-martial at Naval Base San Diego, California, and convicted by members with enlisted representation of: Sentence: After the findings, the military judge conditionally dismissed the Article 92 charge due to an unreasonable multiplication of charges…
Continue reading ›United States v. Marschalek, No. ACM S32776 (A.F. Ct. Crim. App. Jan. 16, 2026). 1. Charges and Sentence Special Court-Martial, RAF Lakenheath, United Kingdom. Sentence. Charges: Pretrial Agreement: Appellant agreed to plead not guilty to Charge I (remaining specifications) and guilty to the amended specification of Charge II (indecent conduct). The government agreed to withdraw…
Continue reading ›1. Charges and Sentence Accused: Hospital Corpsman Petty Officer First Class (E-6) Anthony M. Clark, U.S. Navy. Charges (UCMJ): Sentence: Adjudged by a Special Court-Martial on 9 July 2022 at Naval Base San Diego: 2. Issue Presented Appellant raised three primary assignments of error on appeal: 3. Analysis of the Opinion A. Confrontation Clause (Sixth…
Continue reading ›Why Judicial Recusal Protects You in a court-martial A Cave & Freeburg, Military Lawyers, Client Explainer When you face investigation, adverse administrative action, or court-martial, one principle stands above all others: your case must be heard by a fair and impartial judge. The military justice system—like every American court—recognizes that justice collapses when a judge…
Continue reading ›It is Holiday-Season At Cave & Freeburg, we represent service members worldwide. One of the most common questions we receive each beginning after Thanksgiving is how will the holidays affect my case. It depends on what stage of the case you are in. Generally, investigations will slow down. The investigators and legal advisors “relax,” and…
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