By Michael Doyle | McClatchy Newspapers WASHINGTON Timothy L. Merritt is waiting for final justice from the Air Force he once served. The former master sergeant is only one of dozens of convicted airmen and officers remain who are stuck in legal limbo, as the seemingly overwhelmed Air Force Court of Criminal Appeals struggles with mixed … Read more
Mr. Cassara represented a former Marine Staff Sergeant who had been court-martialed and then administratively separated for fraternization and having sexual relations with two of his troops. The administrative separation ended with an Other Than Honorable Conditions discharge. Mr. Cassara succeeded in getting the discharge upgraded to General (Under Honorable Conditions) discharge, but showing that … Read more
Mr. Cassara represented an Army Lieutenant Colonel facing administrative discharge for the alleged improper receipt of government travel funds. The government alleged four separate and distinct areas of misconduct and recommended the officer be discharged with an Other Than Honorable Discharge. Mr. Cassara represented the officer in a separation board in California. The Board found … Read more
Army Times October 24, 2012 By Joe Gould – Staff writer A former Kansas soldier entered into a sham marriage so he could get more pay and benefits, and make his Jamaican bride a legal immigrant. * * * U.S. District Judge Monti Belot said Priest had a “higher responsibility” than others since he had taken an … Read more
Mr. Cassara represented an Army Staff Sergeant who was sentenced to 35 years confinement for sexual assault of a minor. After the Army Court of Criminal Appeals affirmed his conviction, Mr. Cassara petitioned the Court of Appeals for the Armed Forces on the soldier’s behalf. That court sent the case back to the Army Court … Read more
I am frequently asked if it is possible to “appeal” a court-martial conviction through the civilian courts. The short answer is yes. The long answer is much more complicated. While one can file an appeal in federal court (after all military appeals are completed) it is rare for a federal court to intervene and grant … Read more
I am frequently asked if it is possible to “appeal” a court-martial conviction through the civilian courts. The short answer is yes. The long answer is much more complicated. While one can file an appeal in federal court (after all military appeals are completed) it is rare for a federal court to intervene and grant … Read more
Summary Court-Martial – Trial by summary court-martial provides a simplified process for the resolution of charges involving relatively minor incidents of misconduct. The summary court-martial involves a single officer who, depending upon service branch policies, is a judge advocate (a military attorney). The maximum punishment a summary court-martial may impose is considerably less than a … Read more
In my court-martial cases, you will see a post about an Army E-8 I represented who was charged with BAH and per diem fraud. After a contested trial, all charges were eventually dismissed. However, the Army came after him again, in an attempt to revoke his clearance. He was notified of the intent to revoke … Read more
Criminal prosecution in both federal and state courts is also a possibility under the Constitution. The double jeopardy clause does not apply here because of the involvement of the state and federal governments. As a matter of policy, however, a service member whose trial is pending who has been tried by a state court is … Read more