A court-martial conviction is not the end of the road. Military appellate practice is a distinct discipline — different rules, different standards, different rhythms. The cases below are real. Cave & Freeburg, LLP has reversed convictions at the Army, Air Force, and Navy-Marine Corps Courts of Criminal Appeals, defeated government appeals at ACCA, won extraordinary writs on double jeopardy, and even pushed jurisdictional challenges to a state supreme court. Each result restored a client’s record, retirement, or freedom.

Important. Below are real cases that we have defended. All cases are different. A success in one case does not guarantee success in another similar case. We do not guarantee a certain outcome — to do so violates the Rules of Professional Responsibility. Results often depend on the facts, whether the client follows legal advice, and the stage of the proceeding at which services are retained.

Where Cave & Freeburg Practices on Appeal

Military appellate practice spans the service-specific intermediate courts, the Court of Appeals for the Armed Forces, and — in National Guard and reservist cases — state and federal courts.

• ACCA — Army Court of Criminal Appeals. Both government and defense appeals from Army courts-martial.
• AFCCA — Air Force Court of Criminal Appeals. Appeals from Air Force and Space Force courts-martial.
• NMCCA — Navy-Marine Corps Court of Criminal Appeals. Including extraordinary writs and double-jeopardy challenges.
• CAAF — U.S. Court of Appeals for the Armed Forces. Discretionary review of service-court decisions.

Featured Appellate Wins

Convictions reversed, charges dismissed with prejudice, government appeals defeated. The rarest and most consequential outcomes in military law.

U.S. v. LCpl, U.S. Marine Corps — Conviction Reversed · NMCCA

A Lance Corporal was convicted of two specifications of sexual assault and sentenced to four years confinement and a dishonorable discharge. On appeal to the Navy-Marine Court of Criminal Appeals, Mr. Freeburg argued factual insufficiency, prosecutorial misconduct, and the erroneous denial of a defense witness. NMCCA agreed.

Result. Conviction Reversed. All Charges Dismissed With Prejudice. No Sex Offender Registration. No Dishonorable Discharge.

U.S. v. O-6, Army, West Point, NY — Gov’t Appeal Defeated · ACCA

An Army Colonel and West Point faculty member faced court-martial charges arising from allegations involving cadets. After the military judge dismissed all charges with prejudice on improper-purpose grounds, the Army appealed to the Army Court of Criminal Appeals. Mr. Cave argued to ACCA that the government’s appeal should be rejected. ACCA agreed. The case made national news.

Result. Government Appeal Denied. Charges Remain Dismissed With Prejudice. Retirement Preserved.

U.S. v. Army Medical Officer · Retrial at Fort Sill, OK — ACCA Reversal → Full Acquittal

An Army officer and medical provider had been convicted of the sexual assault of one patient at his first court-martial. Mr. Cave appealed to the Army Court of Criminal Appeals and argued that the client had not received a fair trial. ACCA reversed the findings of guilt. Mr. Cave then represented the officer at the retrial at Fort Sill — and won an outright acquittal on all charges.

Result. Conviction Reversed. Full Acquittal at Retrial. No Sex Offender Registration. No Federal Conviction.

U.S. v. E-6, USMC · Marine Corps Base Quantico, VA — Double Jeopardy · NMCCA Writ

A Marine accused by an ex-girlfriend of assault, pointing a gun at her, and indecent language to an Uber driver had the firearm charge dismissed for no probable cause at the Article 32. At trial — after Mr. Freeburg moved to exclude a surprise government witness — the judge declared a mistrial despite the defense plainly winning. On retrial, Mr. Freeburg moved to dismiss on double jeopardy; Mr. Cave then filed an extraordinary writ at the Navy-Marine Corps Court of Criminal Appeals. NMCCA granted the defense appeal.

Result. Charges Dismissed. No Federal Conviction. No Punitive Discharge.

Arkansas v. CW4, AR Army National Guard — State Supreme Court Reversal

A Chief Warrant Officer 4 was convicted by the Arkansas Army National Guard of maltreatment (sexual assault) and an orders violation — even though the alleged incident occurred while he was not on drill status and arguably outside the Guard’s jurisdiction. Mr. Freeburg pursued the appeal all the way to the Arkansas Supreme Court, which agreed there was no jurisdiction by the National Guard.

Result. Conviction Reversed. No Federal Conviction.

U.S. v. E-4, Air Force · Lackland AFB — Conviction Reversed · AFCCA

Mr. Cave represented the client on appeal to the Air Force Court of Criminal Appeals and had the conviction reversed. After motions sessions at retrial, the Air Force agreed to an administrative separation in lieu of further proceedings. The end result was no federal conviction — and removal from the sex offender registry in the client’s state of residence.

Result. Conviction Reversed. No Federal Conviction. Removed from Sex Offender Registry.

U.S. v. Airman, U.S. Air Force — Conviction Reversed · AFCCA

Mr. Cave appealed an Airman’s sexual assault conviction to the Air Force Court of Criminal Appeals, arguing the trial had been unfair due to the prosecution’s improper use of “predisposition evidence.” The Court agreed and reversed the conviction.

Result. Conviction Reversed. No Sex Offender Registration.

Related Practice Areas

• Military Appellate Defense — Overview, process, and FAQs
• Article 120 / Sexual Assault Defense — Sex assault appeals
• Domestic Violence Defense — Assault and DV appeals
• High-Profile Cases — National news appellate work

Convicted at Court-Martial? You May Still Have Options.

Military appellate practice has its own deadlines, its own standards of review, and its own rules. A reversal can dismiss the charges with prejudice — or open the door to a retrial that ends in acquittal. The earlier appellate counsel is engaged, the more of the record can be developed and preserved.

By Philip Cave and Nathan Freeburg at www.court-martial.com. (Last reviewed May 12, 2026.)