Court Martial Appeals Blog

This is a blog focusing on Court Martial Appeals Issues.

Marines

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.

Discharge Review

Army Court of Criminal Appeals Rejects Defense Arguments that President Trump’s Comments Unlawfully Influenced Proceedings in Bowe Bergdahl Case

October 17, 2019

Then-Private First Class Bowe Bergdahl was assigned to a combat outpost in Afghanistan in 2009 when he left the Observation Post in order to walk to a Forward Operating Post and lodge a complaint about the treatment of his platoon at the OP. Bergdahl was quickly captured by the Taliban and held captive until May […]

Court of Appeals

The Government Petitions the US Supreme Court to Review CAAF Decisions on Statutes of Limitation

October 17, 2019

In February of this year, the Court of Appeals for the Armed Forces (CAAF) issued its opinion in United States v. Briggs. It was the second CAAF decision addressing the statute of limitations in sexual assault cases issued in the last two years. This blog discussed both cases here. Essentially, the Court found that the […]

caaf

CAAF Finds Error in Army Court’s Alteration of Guilty Rape Finding

October 4, 2019

The Court of Appeals for the Armed Forces (CAAF) issued an opinion in the case of United States v. English this summer that reinforced the limitations on the authority of appellate courts. Specialist English was convicted at court-martial of several specifications resulting from a violent sexual attack on his wife. He was sentenced to 23 […]

air force drug conviction

Defense Failure to Object Dooms Issue on Appeal

July 15, 2019

On June 7th, the Court of Appeals for the Armed Forces issued an opinion in United States v. Gonzales. This opinion reinforces how important it is for defense counsel to get objections and concerns on the record during trial. Specialist Gonzales was charged with, among other offenses, rape of a child, which requires penetration, however […]

Discharge Review

Navy-Marine Corps Court of Criminal Appeals Overturns Sexual Assault Conviction Over Improper Search Authorizations

May 31, 2019

The Navy-Marine Corps Court of Criminal Appeals (NMCCA) recently decided the case of United States v. Armendariz. Master Sergeant Armendariz was a member of MWSS-373 in July 2016. The majority of the squadron, along with its Commanding Officer Lieutenant Colonel W, were deployed at the time and MSgt Armendariz was part of the Remain Behind […]

Court of Appeals

Court of Appeals for the Armed Forces Affirms Conviction Where Search Was Conducted Without Probable Cause

May 13, 2019

The Court of Appeals for the Armed Forces (CAAF) recently affirmed the conviction in United States v. Perkins despite a finding by the lower court that the search of Sergeant Perkins’ home was conducted without probable cause. In 2015, a civilian woman contacted the Naval Criminal Investigative Service (NCIS) onboard Marine Corps Air Station Yuma […]

Court of Appeals

Court of Appeals for the Armed Forces Reaffirms Sexual Assault as a General Intent Crime

April 24, 2019

In United States v. McDonald, the Court of Appeals for the Armed Forces (CAAF) examined the required mens rea, or criminal intent, necessary for a conviction of sexual assault. PFC McDonald’s roommate invited a woman over to his barracks room. He told her that no one else would be in the room. The woman testified […]

William E. Cassara- Military Law Attorney

Click to Call 706-860-5769
Scroll to Top