William Cassara 
We have discussed the hearsay rule on several occasions. The rule against hearsay is intended to provide an accused the chance to directly confront witnesses against him or her. Statements made out of court cannot be repeated by witnesses at trial as evidence that the substance of the statements are true. For example, if LCpl … Read more
The Air Force Court of Criminal Appeals (AFCCA) this week issued an order denying a writ of mandamus filed by an alleged crime victim who argued that she had a right to be heard by the military trial judge concerning a defense requested trial continuance. A TSgt is currently facing trial on four charges, one … Read more
This blog has discussed the evidentiary rules regarding hearsay several times. Essentially, hearsay statements are those made outside of the trial process and then introduced by a witness or document during the trial. As a general rule, these statements are excluded from evidence because every accused person has the constitutional right to confront his or … Read more
In 2017 the Navy court-martialed retired Chief Petty Officer Begani for offenses that occurred after he retired from active duty. Chief Begani was convicted and appealed his conviction, arguing that the military should not have jurisdiction to try retired servicemembers for offenses that are committed while they are retired. Initially, a three-judge panel of the … Read more
The firm of William E. Cassara successfully represented an Army Officer before the Department of Defense Consolidated Adjudications Facility resulting in having his clearance restored. Among the allegations the Officer faced was that he had mishandled protected information and had misused information technology systems by exceeding his authorized access on classified systems. Part of his … Read more
We recently successfully petitioned the Board for Correction of Navy Records on behalf of an enlisted Marine to upgrade an Other than Honorable discharge to General, Under Honorable Conditions. The Marine had undiagnosed PTSD that contributed to his marijuana use. The BCNR agreed that the PTSD was a mitigating factor in the misconduct, and voted … Read more
The Army Court of Criminal Appeals issued an opinion in United States v. Guinn this week, disapproving 18 months of a four year sentence over restrictions imposed by a confinement facility. SSG Guinn was convicted of one specification of sexual abuse of a child and sentenced to a dishonorable discharge, confinement for four years, total … Read more
On December 11, 2020, the U.S. Food and Drug Administration (FDA) issued an emergency use authorization for the first COVID vaccine for all Americans 16 and older. Shortly after this approval, the Department of Defense (DoD) began vaccinating servicemembers on a voluntary basis. It has recently been reported that the DoD will soon mandate vaccination … Read more
The Court of Appeals for the Armed Forces (CAAF) recently published its opinion in United States v. Mader reversing a Navy-Marine Corps Court of Criminal Appeals decision in a case involving an NCO’s charged hazing of junior Marines. A Sergeant with 3rd Battalion, 3rd Marines was executing orders out of the unit. A few days … Read more
In June 2020, the Army Court of Criminal Appeals issued an opinion in United States v. Henry affirming the military judge’s decision to exclude four hearsay statements made by the alleged victim and her son. We discussed that opinion here. The government appealed the Army Court decision to the Court of Appeals for the Armed … Read more
