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William E. Cassara, Military Law Attorney

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 … Read more

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 … Read more

Article 15

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 … Read more

Navy-Marine Corps Appeals

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 … Read more

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.