William Cassara

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On 6 December 2016, the Court of Appeals for the Armed Forces (CAAF) heard oral argument in the Army case United States v. Commisso.  Sergeant First Class (SFC) Commisso was convicted by a general court-martial composed of officer members, of abusive sexual contact, indecent viewing, indecent recording, indecent broadcasting, violating a lawful general regulation, obstructing justice, and … Read more

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Recently, the House Committee on Rules released its conference report.  In the report were proposed changes to the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017.  Some of these proposals involve significant changes to the Uniform Code of Military Justice (UCMJ).  One of the changes that caught my eye was a proposed change … Read more

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The Military Rules of Evidence (M.R.E.) do sometimes allow a servicemember’s silence to be admitted at a court-martial as evidence of an admission.  Let’s say, for example, you are in the workplace one day with your coworkers and someone says out loud to you, “you sexually assaulted me yesterday!”  If you say nothing to this … Read more

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In the military, adultery can be a crime.  The Manual for Courts-Martial (MCM) lays out the elements of the crime of adultery.  Recently, the Joint Service Committee (JSC) added some supplemental language to the MCM that specifically addresses adultery as a crime.  The added language to Appendix 23 makes it clear that not every affair … Read more

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On 2 November 2016, the Court of Appeals for the Armed Forces (CAAF) heard oral arguments in an Air Force case called United States v. McClour.  In this case, the appellant has appealed to CAAF claiming error in the military judge’s instruction regarding proof beyond a reasonable doubt.  In McClour, the military judge instructed the … Read more

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We have been representing an Army doctor who received a GOMOR for allegedly falsifying medical records. As anyone who does military justice knows, commands frequently use GOMORs when they simply don’t have enough evidence to give someone an Article 15 or a Court-Martial. This was such a case. In spite of the GOMOR the doctor … Read more

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Last week, the Court of Appeals for the Armed Forces (CAAF) decided to review a specific issue in an Army case called United States v. Erikson. In this case, the appellant’s defense was that the alleged victim claiming he sexually assaulted her was lying.  Sometime prior to the court-martial in this case, defense discovered that … Read more

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The courts have determined that prosecutorial misconduct occurs when trial counsel, “oversteps the bounds of that propriety and fairness which should characterize the conduct of such an officer in the prosecution of a criminal offense.”  One way in which prosecutors can do this is by expressing their own personal opinions during their closing arguments.  Last … Read more

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Posted by: William Cassara On: October 6th, 2016 If you have just received a letter of reprimand from a commanding general or another commander, you will not have much time to respond. However, in my opinion it is important that you do.  You can ask the commander for an extension in the time he or she … Read more

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If you have just received a letter of reprimand from a commanding general or another commander, you will not have much time to respond.  However, in my opinion it is important that you do.  You can ask the commander for an extension in the time he or she is giving you to respond and typically … Read more