Articles Posted in article 120

Can you win when the judge errs and the prosecution delays discovery-A lesson from United States v. Jacinto
Philip D. Cave

United States v. Jacinto — Case Analysis U.S. Court of Appeals for the Armed Forces | Decided February 2, 2026 What Happened The Navy court-martialed Aviation Structural Mechanic First Class Salvador Jacinto for sexually abusing his minor stepdaughter, E.B. A panel convicted him of rape of a child and three specifications of sexual abuse of…

Continue reading ›
Secretarial UI+
Philip D. Cave

On December 6, 2023, the Secretary of the Army, Ms. Christine Wormuth, fired Brigadier General (BG) Warren Wells, the Army’s chief prosecutor and head of the Office of the Special Trial Counsel (OSTC), for an email he had sent ten years prior while in a defense counsel role. This firing demonstrates that no military defense…

Continue reading ›
NMCCA sets aside a Article 120 case for instructional error
Philip D. Cave

In the United States v. Jones the facts cited by the court show a consent defense. However the defense counsel did not request an instruction on the affirmative defense and the military judge did not give one. There being no evidence of an affirmative waiver the findings and sentence were set aside. A military judge…

Continue reading ›
Another LIO case
Philip D. Cave

Here is an interesting Order in United States v. Aguilar where the court has specified an issue. Whether assault consummated by a battery in violation of Article 128, UCMJ, 10 U.S.C. § 928, of which the appellant was convicted, is a lesser included offense of the charged Rape by Use of Physical Violence in violation…

Continue reading ›

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

Contact Us

  1. 1 Free Consultation
  2. 2 Over 40 Years of Experience
  3. 3 Dedicated to Military Law
Fill out the contact form or call us at 703-298-9562 to schedule your free consultation.

Leave Us a Message