Uncategorized Archives - William E, Cassara

May 14 2021May 14, 2021

Court of Appeals for the Armed Forces Reverses Navy-Marine Corps Court on Hazing Case

The Court of Appeals for the Armed Forces (CAAF) recently published its opinion in United States v. Mader reversing a Navy-Marine Corps Court of Criminal Appeals decision in a case involving an NCO’s charged hazing of junior Marines. A Sergeant with 3rd Battalion, 3rd Marines was executing orders out of the unit. A few days …

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Nov 19 2020November 19, 2020

CAAF Excludes Evidence From Faulty Search and Seizure

Leave a Comment / Blog, Court Martial Appeals Blog, Uncategorized

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.

Aug 20 2020August 20, 2020

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

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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 …

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Jun 15 2020June 15, 2020

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

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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 …

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Jun 5 2020June 16, 2020

Great result for Army CW3 who received a GOMOR

Leave a Comment / Recent Accomplishments, Uncategorized

We represented an Army CW3 who received a GOMOR for allegedly failing to show up for work during COVID 19 and achieved a great result for our client.

Apr 15 2020April 29, 2020

ARMY TJAG REVERSES CONVICTION

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We are thrilled to report that The Judge Advocate General (TJAG) of the Army reversed the conviction of a client of ours after a long wait based on our UCMJ Article 69 appeal. Our client, a senior NCO and a Special Forces recruiter was acquitted of larceny of military property. However, he was wrongly convicted …

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Oct 17 2019April 29, 2020

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

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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 …

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Oct 4 2019April 29, 2020

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

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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 …

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May 9 2019April 29, 2020

Listen to Episode 038: Navy Collisions At Sea And Courts-Martial in Podcasts

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Weirick is joined by Hope Hodge Seck, journalist and managing editor at www.Military.com to discuss the courts-martial of Navy officers resulting from the deadly collisions of USS Fitzgerald and USS John S. McCain. Guest: Hope Hodge Seck Twitter: ‪‪‪@HopeSeck Website: www.Military.com Further reading about this case: Podcast support from The Great Courses Plus. For free …

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Apr 24 2019April 29, 2020

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

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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 …

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