William Cassara

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On August 25, 2017, the Department of Defense announced clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military Records for Veterans who petition for either an upgrade or a correction to their discharges based on mental health conditions, such as PTSD and TBI, that existed at the time of discharge … Read more

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Recently, on 16 August 2017, the Air Force Court of Criminal Appeals (AFCCA) reviewed a military judge’s decision to exclude evidence under M.R.E. 412 in United States v. Leonhardt. In this case, a female Air Force Academy cadet accused 2LT Leonhardt, a male Air Force Academy cadet, of raping her after inviting her back to … Read more

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Recently, on 16 August 2017, the Air Force Court of Criminal Appeals (AFCCA) reviewed a military judge’s decision to exclude evidence under M.R.E. 412 in United States v. Leonhardt. In this case, a female Air Force Academy cadet accused 2LT Leonhardt, a male Air Force Academy cadet, of raping her after inviting her back to … Read more

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Recently, on 5 July 2017, the Army Court of Criminal Appeals (ACCA) held that appellant, Sergeant (SGT) Kelly waived his right to claim on appeal that the government argued improperly when his defense counsel failed to object to the argument at the court-martial. In this case, SGT Kelly was accused of sexually assaulting a female … Read more

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Recently, on 5 July 2017, the Army Court of Criminal Appeals (ACCA) held that appellant, Sergeant (SGT) Kelly waived his right to claim on appeal that the government argued improperly when his defense counsel failed to object to the argument at the court-martial. In this case, SGT Kelly was accused of sexually assaulting a female … Read more

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Happy to announce that we secured the reversal of the court-martial conviction of a sailor at Camp Pendleton. He was convicted of two specifications of sexual assault upon victims who were allegedly too intoxicated to consent. The convictions on all the most serious charges have been set aside. Great news for our client.

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Recently, on 7 July 2017, in United States v. Barker the Air Force Court of Criminal Appeals made it clear that an alleged victim’s right to submit a victim impact statement during the sentencing phase of a court-martial has limits. Airman First Class Barker pled guilty to possessing and viewing child pornography at his court-martial. … Read more

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Recently, in A.M. v. United States and Densford, the Navy-Marine Corps Court of Criminal Appeals (NMCCA) reviewed a claim from an alleged sexual assault victim that she was excluded from parts of the preliminary Article 32 hearing in violation of Article 6b of the UCMJ. Under Article 6b(a)(3), the alleged victim of a UCMJ offense … Read more

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Recently, in A.M. v. United States and Densford, the Navy-Marine Corps Court of Criminal Appeals (NMCCA) reviewed a claim from an alleged sexual assault victim that she was excluded from parts of the preliminary Article 32 hearing in violation of Article 6b of the UCMJ. Under Article 6b(a)(3), the alleged victim of a UCMJ offense … Read more

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At least in the Air Force, the answer appears to be “yes.”  In the case of United States v. Pugh,  the United States Air Force Court of Criminal Appeals reversed the trial judge’s decision to dismiss court-martial charges against Major Pugh.  Major Pugh was charged with use of drugs, and willful dereliction of duty by … Read more