The Navy-Marine Corps Court of Criminal Appeals recently decided the case of United States v. Gomezvillalobos. Captain Gomezvillalobos was convicted of conspiracy to distribute a controlled substance as well as three other specifications on unrelated offenses. In early 2019, the Captain was texting with a 2ndLt he knew about attending an upcoming concert. The 2ndLt … Read more
The Navy-Marine Corps Court of Criminal Appeals recently released its opinion in the case of United States v. Jones. MMFN Jones was with a group of Sailors that rented several rooms at a hotel in Seattle. One of the sailors became very intoxicated and went to sleep in one of the rooms rented by the … Read more
This summer, the Air Force Court of Criminal Appeals heard the case of United States v. Dixon. Airman Basic Dixon had been convicted of housebreaking and communicating a threat at general court-martial. Dixon appealed his conviction, claiming that his convictions were not legally or factually sufficient. The Court agreed and set aside his convictions and … Read more
A Marine Sergeant’s conviction was recently upheld by the Navy-Marine Corps Court of Criminal Appeals. In United States v. Champion-Flores, the Court found that the Military Judge should have suppressed statements made by the Sergeant. However, the Court determined that this error was not prejudicial to the Sergeant and affirmed his conviction. Servicemembers have a … Read more
Last month, the Court of Appeals for the Armed Forces (CAAF) reversed an Airman’s convictions under Article 134, UCMJ. The Court found the convictions legally insufficient because the Government did not prove that the Airman’s actions were prejudicial to good order and discipline. Article 134 of the Uniform Code of Military Justice (UCMJ) is a … Read more
Last month, the Court of Appeals for the Armed Forces released its opinion in United States v. Sigrah. Private Sigrah was found guilty of sexual assault at trial. The victim alleged that she was at a party in the barracks with several friends and that, after drinking heavily, she went to sleep in a bed … Read more
This month, the Court of Appeals for the Armed Forces (CAAF) issued its opinion in United States v. Black. The accused Soldier, PFC Black, lent his cell phone to another Soldier who was about to start a 12-hour duty period. PFC Black told him he could use the phone while he was on duty, to … Read more
The military justice system, like state and federal justice systems, contains rules of privilege. These rules keep certain evidence from being introduced in a court proceeding, even if the evidence would be relevant at trial. These rules of privilege exist because society has determined that encouraging and protecting certain relationships and communications is more important … Read more
Mr. Cassara Recently appeared on Military Justice Today Podcast. See below for excerpt and how to listen- Often referred to as the Godfather of Military Justice, Bill Cassara is a former Army prosecutor, defense counsel and appellate attorney with more than 30 years of military law experience. On this episode, Bill discusses some of the … Read more
The Fourth Amendment protects all Americans from search and seizure of their homes and property without a warrant. There are exceptions to this rule, such as for exigent circumstances or when evidence of a crime is in plain sight of law enforcement. Where a law enforcement agent violates the Fourth Amendment rights of an individual, … Read more