William Cassara 
The Sixth Amendment to the US Constitution guarantees the assistance of counsel to criminal defendants. Over the years, case law has developed regarding the level of competence required of defense counsel in order to meet the constitutionally-mandated assistance. The US Supreme Court case of Strickland v. Washington is the seminal case in this area. In … Read more
The Court of Appeals for the Armed Forces expanded the scope of evidence of uncharged acts the Government may introduce at court-martial with its latest decision. In United States v. Greene-Watson, the Court affirmed SrA Greene-Watson’s conviction for communicating a threat to his wife. The charged offense occurred in September 2020 during an argument between … Read more
The Army Court of Criminal Appeals recently issued its opinion in the case of United States v. Lathrop. On September 26, 2023, SPC Lathrop pled guilty to three specifications of domestic violence at a special court-martial. Pursuant to his pretrial agreement, he was sentenced to ten months confinement and a bad-conduct discharge. Following his court-martial, … Read more
The Navy-Marine Corps Court of Criminal Appeals released its opinion in United States v. London last month. LCpl London was originally convicted of involuntary manslaughter in Quantico in 2021. He was sentenced to 65 months confinement and was sent to the brig on Camp Pendleton to serve this time. In February 2022, LCpl London became … Read more
On December 20, 2024, President Biden issued Executive Order 14130. This Order amended and added to the Manual for Courts-Martial. The majority of the changes became effective on the date the Order was issued, with the remainder going into effect on December 22 and December 23, 2024. The changes cover several areas of military justice … Read more
Corporal RosarioMartinez was charged with sexual assault of another Marine after the two were drinking at a bar. During voir dire, the military judge asked the members if they had been instructed on the definition of consent through Marine Corps training. They all said that they had and the military judge stopped for a brief … Read more
The Air Force Court of Criminal Appeals recently released its decision in United States v. Cassaberry-Folks. Staff Sergeant Cassaberry Folks pled guilty to a number of offenses, including four specifications of assault consummated by a battery, extortion, forgery, and larceny. He was sentenced, in accordance with his plea agreement, to a bad conduct discharge, 18 … Read more
The Army Court of Criminal Appeals recently decided the case of United States v. Burch. Warrant Officer Burch was originally charged with four specifications of sexual assault. His counsel entered negotiations with the Government to resolve the case with a plea agreement. Throughout the negotiations, the defense counsel made clear that Warrant Officer Burch would … Read more
Last year, the Court of Appeals for the Armed Forces [CAAF] agreed to consider the case of United States v. Mendoza. We discussed the case here. Mendoza was a sexual assault case involving a Soldier who woke up the morning after becoming extremely intoxicated and did not recall most of what had happened the night … Read more
Article 134 of the Uniform Code of Military Justice creates three different types of criminal offenses. First, it criminalizes “disorders and neglects” that are prejudicial to good order and discipline in the armed forces. Second, it criminalizes conduct of a nature to bring discredit upon the armed forces. Third, it allows the prosecution of existing … Read more