UCMJ Appeals: Protect Your Rights with Proven Military Appellate Defense

Facing a court-martial conviction? You have options.
Since 1991, Mr. Philip Cave has helped servicemembers challenge military convictions and protect their futures through skilled appellate advocacy.

Why Choose Us for Your Military Appeal?

• Over 30 Years of Appellate Experience: Former Deputy Director, Navy and Marine Corps Appellate Defense Division.
• Trusted Across All Service Branches: Admitted to practice before every military appellate court.
• Precedent-Setting Results: Led and supervised hundreds of successful appeals, including landmark cases.
• Flat-Fee Transparency: Know your costs upfront—no surprises.

Our Military Appeals Process

Stay Informed. Build Your Best Case.
Every day, Mr. Philip Cave reviews the latest decisions from all military appellate courts—ensuring your defense reflects current law and emerging issues.

Understanding Your Appeal Rights

If you were convicted at a special or general court-martial and received a punitive discharge or at least two years of confinement, your case will automatically be reviewed by a Court of Criminal Appeals (CCA). Unlike civilian courts, the CCA can (with certain limitations) act as a “second jury”—they can overturn convictions, reduce sentences, and judge the facts for themselves (Learn more about UCMJ Article 66(c)).

• If your appeal is denied: You may petition the Court of Appeals for the Armed Forces (CAAF), and in some cases, the U.S. Supreme Court.
• Automatic reviews: Some convictions are reviewed by the Judge Advocate General (TJAG) (UCMJ Article 69), and you can submit additional briefs for reconsideration.
• Strict deadlines: Some petitions must be filed within two years of your conviction—don’t wait.

How We Can Help

Get clear answers and an honest assessment.
Choose the level of support you need:

1. Case Review & Evaluation:
   • Flat-fee consultation 
   • Full review of your trial record 
   • Direct communication and clear feedback on your appeal options
2. Experienced Civilian Co-Counsel:
   • Collaborate with military appellate counsel 
   • Lower flat-fee option for added expertise
3. Lead Appellate Counsel:
   • Full representation and case management 
   • Flat fee credited if you start with a case review

Note: If you waive your appeal, you may expedite separation but forfeit further appeals and benefits—consult before making this decision.

Ready to Defend Your Future?

Contact us for a free, confidential consultation.
We have a long history of fighting—and winning—for servicemembers before the Air Force, Army, Coast Guard, Navy-Marine Corps, and Armed Forces appellate courts.

• Contact Us Now for a Free Consultation or call 800-401-1583

“An experienced military appellate defense lawyer can make all the difference. Let’s discuss your best chance for a successful appeal.”

As your military defense appeals lawyer we work for you. The process involved with appealing a ruling is very complex, and the assistance of an experienced military defense lawyer can be invaluable.

At The Law Office of Cave & Freeburg, LLP, we represent United States service members worldwide in all types of UCMJ violations. We are prepared to represent you in the appeal of any conviction. Mr. Philip Cave has dedicated his entire legal career to military defense and military appeals. You can rely on us to do everything in our power to see that your rights, your privileges and your career remain fully intact.

We have experience handling appeals before the Court of Criminal Appeals as well as the Court of Appeals for the Armed Forces. We understand the unique procedures involved with pursuing an appeal, and I know how to present your case in a way that is compelling to the court. If retained, we will conduct a thorough review of your court-martial and develop the most effective approach to getting your conviction overturned.

In order for an appeal to be successful, it must be shown that some error in the proceeding negatively impacted the outcome of the court-martial. Examples of errors that can create grounds for an appeal are as follows:

• Abuse of discretion by the military judge in allowing the prosecution to present certain types of evidence.
• Procedural violations such as discovery problems, speedy trial, or jurisdictional errors.
• Abuse of authority which is called unlawful command influence.
• Failures in the application of the UCMJ
• Factual sufficiency can be raised at the first level of appeal before the court of criminal appeals. If the appeal judges are not convinced you are guilty beyond reasonable doubt they can dismiss the charges. Here again, Congress has been meddling and made it harder and more complex to litigate this issue.

How we work for you.

First contact.

The first contact with you or your family member is an initial free consultation. To make that effective we need to know the following (which you could send in an email when you reach out to us).

1. Date of trial?
2. Where was the trial?
3. What was the sentence?
4. What charges were you convicted of?
5. Did you plead guilty or not guilty?
6. Was your trial by Members (jury) or was it military judge alone.
7. Did you testify?
8. Who were your lawyers at trial?

After this consultation we can do a Case Evaluation.

Here we thoroughly review all the available documents and record of trial, talk to you, talk to your defense counsel; after which we give you an analysis of your case.

If we cannot help you we will tell you that.

If we can help you, we will then discuss full appellate representation.

Full representation.

1. We get the full record of trial and do another thorough review.

a. The first read helps us get an understanding of the case and pick out what we see as glaring errors or interesting issues.

b. We then talk to you again and give you homework. We want you to write down everything you think was wrong about your trial. This helps us as we do more review of the case.

c. The second read is focused on what happened during the trial; the testimony, the cross-examination, objections made by your defense counsel, pretrial motions to admit or exclude evidence or get expert assistance, the prosecutors arguments, the judge’s instructions; and also the exhibits. As we go through we are taking notes and doing some basic research as a way to outline the issues for appeal.

d. We will talk to you again and explain what we are seeing and out thoughts. We will ask you to give us feedback and your thoughts.

e. The third and fourth look is where we start writing your brief for submission to the court. We are outlining the issues and writing arguments based on the facts and the law.

f. As we go through the drafting stages we constantly refine the arguments and find additional caselaw to support your cause. We also try to think creatively and “out of the box.” We are always interested in developing new issues or arguments.

g. Once we have a final draft we will get you a copy to review.

h. The last step is to double-check everything.

i. Once we all are satisfied with the brief it will get filed.

NOTE: all of this takes time because we want to get it right.

How Congress Narrowed Factual Sufficiency Review in Courts-Martial

For decades, service members convicted at courts-martial could challenge their convictions on factual sufficiency before the service Courts of Criminal Appeals (CCAs). Unlike civilian appellate courts, CCAs were required by Article 66, UCMJ, to independently weigh the evidence, judge the credibility of witnesses, and determine whether the government had proven guilt beyond a reasonable doubt. This gave military appellants a uniquely powerful safeguard against wrongful convictions.

Congress significantly narrowed that protection in the Military Justice Act of 2016, with changes that took effect in 2019, and then further tightened it in the FY21 and FY22 National Defense Authorization Acts.

Under the amended Article 66(d), UCMJ, factual sufficiency review is no longer automatic. An appellant must now specifically request factual sufficiency review and make a threshold showing of a deficiency in proof. Even then, the CCAs may weigh the evidence only with “appropriate deference” to the trial court, including deference to the factfinder’s ability to see and hear the witnesses.

In practical terms, Congress transformed factual sufficiency review from a de novo re-trial on the record into a deferential, limited review, making it substantially harder for convicted service members to overturn verdicts based on credibility disputes or close evidentiary questions. As a result, the most meaningful opportunity to challenge the government’s evidence now occurs at trial, not on appeal.

Navigating Factual Sufficiency: Strategy Matters

While Congress has made factual sufficiency review more challenging to obtain and to win, the right to such review still stands. This is where skilled appellate counsel can make a real impact. The key is to:

• Identify and articulate specific deficiencies in proof that are necessary to trigger review by the CCA.
• Frame evidentiary weaknesses in a way that respects the court’s statutory gatekeeping rules.
• Demonstrate how the weight of the evidence fails to support essential elements of the conviction.
• Build arguments around influential cases and the most recent decisions from the service courts.
• Tailor the presentation to the court’s required deference, ensuring arguments are both respectful and effective.

In close cases—particularly those involving sexual-assault allegations, consent disputes, digital evidence, or conflicting witness testimony—a well-crafted challenge to the sufficiency of the evidence can be decisive. A focused, strategic approach is essential to persuade the judges to exercise their plenary power in your favor on appeal.

So, Discuss Your Case With A Respected International Military Defense Appeals Attorney

You can reach Mr. Philip Cave by phone at 703-298-9562, toll free at 800-401-1583 or via email. Once we are hired, Mr. Philip Cave tries to visit each appellate client in the confinement facility once or several times–I find our communications and understanding is much better.

We are admitted to practice before the Court of Appeals for the Armed Forces (CAAF), the Air Force Court of Criminal Appeals (AFCCA), the Army Court of Criminal Appeals (ACCA), the Coast Guard Court of Criminal Appeals (CGCCA), and the Navy-Marine Corps Court of Criminal Appeals (NMCCA). Each of the courts is within a short driving distance from us.

Who Falls Under the Court of Appeals for the Armed Forces?

The Court of Appeals for the Armed Forces (CAAF) holds the authority to hear appeals from anyone governed by the Uniform Code of Military Justice—regardless of where they serve around the globe. This means servicemembers from every branch, stationed at home or abroad, come under the court’s jurisdiction if their conviction meets the legal criteria for review. The CAAF serves as the highest military appellate court, providing oversight and the opportunity for further appeal when your case demands another look. We have decades of experience appealing cases to the Court of Appeals for the Armed Forces.