Court Martial Appeals Blog

This is a blog focusing on Court Martial Appeals Issues.

Discharge Review

CAAF Sets Aside Sentence in Case After Improper Argument by Prosecutors

February 25, 2021

The Court of Appeals for the Armed Forces [CAAF] released a decision in United States v. Norwood on February 24, 2021. Petty Officer Norwood’s niece alleged that he had sexually abused her. At trial, the prosecutors made several improper and inflammatory arguments to the members. Prosecutors can make strong arguments on the state of the […]

William E. Cassara, Military Law Attorney

Supreme Court Reverses CAAF on Statute of Limitations in Military Rape Cases

February 1, 2021

From 1986 to 2006, the Uniform Code of Military Justice (UCMJ) listed several offenses as eligible for the death penalty. One of those offenses was rape of an adult. The UCMJ stated that offenses “punishable by death” had no statute of limitations. This meant that these types of cases could be brought to trial at […]

CAAF

CAAF Argument- November 17, 2020

November 29, 2020

On 17 November 2020 I was privileged to argue before the United States Court of Appeals for the Armed Forces (C.A.A.F.) for the 42nd time.

UCMJ

CAAF Excludes Evidence From Faulty Search and Seizure

November 19, 2020

The Court of Appeals for the Armed Forces (CAAF) released its first opinion of the October 2020 term. In United States v. White, the Court upheld a military judge’s ruling excluding evidence discovered during a search.

Navy Criminal Appeals

Navy-Marine Corps Court Affirms Assault Conviction for HIV Positive Marine

August 20, 2020

NMCCA issued an opinion in the case of US v Lewis this week. Sgt Lewis was convicted of three specifications of failure to obey a lawful order, one specification of sexual assault by causing bodily harm, one specification of indecent viewing, and one specification of assault consummated by a battery. On appeal, Sgt Lewis argued […]

Navy-Marine Corps Court of Criminal Appeals Finds That Government Did Not Prove Sexual Assault Offenses Beyond a Reasonable Doubt

June 25, 2020

In 2018, the Marine Corps tried Cpl Lewis on several sexual assault charges. The panel convicted him of attempted sexual assault, abusive sexual contact, and sexual assault. The Government charged that these offenses occurred when the alleged victim, Cpl Alpha, was incapable of consenting due to impairment by alcohol. The panel found Cpl Lewis not […]

Article 15

Army Court of Criminal Appeals Affirms Trial Judge’s Decision Excluding Hearsay Statements Made By Alleged Victim and Son

June 15, 2020

The Army Court of Criminal Appeals (ACCA) recently decided the case of United States v. Henry. The case concerns the Government’s appeal of a military judge’s decision not to allow certain statements made by the alleged victim and her son at trial. Hearsay Rules of evidence generally do not allow parties to introduce hearsay statements […]

Navy-Marine Corps Appeals

Navy and Marine Corps Court Finds That Military Judge Properly Granted Mistrial After Prosecutor Failed to Provide Discovery to Defense Counsel

May 27, 2020

The Navy Marine Corps Court of Criminal Appeals recently decided the case of United States v. Cabrera. LCpl Cabrera was part of a group of Marines that went out to several bars one evening. LCpl Romeo (not her real name) was a member of the group and became intoxicated to the point that she blacked […]

CAAF

CAAF Finds that Defense Attorney Was Not Ineffective for Failing to Admit False Confession at Court-Martial

May 14, 2020

The Court of Appeals for the Armed Forces (CAAF) recently decided the case of US v Carter. In 2015, Private First Class Gerald Carter was stationed at Fort Drum, New York but was temporarily assigned to Fort Polk, Louisiana. Both before and during the time that PFC Carter was in Louisiana, a Kik user with […]

CAAF Argument Audio: Finch

December 7, 2019

Audio of Wednesday’s oral arguments at CAAF is available at the following links: United States v. Finch, No. 19-0298/AR (CAAFlog case page): Oral argument audio (wma)(mp3) The audio is also available on our oral argument audio podcast.

William E. Cassara- Military Law Attorney

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