Court of Appeals for the Armed Forces Overturns Offenses

On 14 June 2017, the Court of Appeals for the Armed Forces overturned and dismissed two offenses for one of our Coast Guard clients. The CAAF decision about whether an amendment to a specification was a minor or major change overruled YEARS of precedent for all the military courts of criminal appeals. Because of our hugely successful appeal, now an appellant only needs to show that an amendment is a major change.   Because of our win, the CAAF unanimously held that military law no longer requires that an appellant prove that a major change caused any prejudice, or harm, to the case.

coast guard appeals

On 31 August 2017, the Army Court issued a decision in a case where the government made a major change to a specification over defense objection. Thanks to our victory at CAAF, that appellant did not have to show that he suffered any prejudice because of the major change. The Army Court set aside the conviction. Our success at CAAF has changed military caselaw to make it easier for servicemembers to prevail on this issue on appeal.

If you or a loved one is convicted at a court-martial, you need an experienced court-martial appeal attorney. Please contact Mr. Cassara for a free consultation.

1 thought on “Court of Appeals for the Armed Forces Overturns Offenses”

  1. Ronald Louis Smith

    My son was charged with rape with no proof other than the girl saying it happen 3 months after the time it happen they navy said they was not going to file charges if he stayed away from her he asked for different station was turn down navy put his wife in same building as the girl son picked up wife navy filed charges son was not informed girl was station in same building at the time then son was give attorney that was from the same office of said girl the attorney order son to say he did it and sign plea deal or service up to 60 yrs for not doing as ordered by a higher rank in a ncis interview for 45 min on tape son kept saying didn’t do it had a bloody noise from high stress no medical for 45 min until he said he did it to ncis on tape girl was pic up couple of times even when son was oversea in park nude drunk in Norfolk saying she was raped not saying who and turned down test every attorney son asked for before court wanted $14-$25k he was E3 how with his pay with baby on way was ordered not to go to trial and to not go to mass at court girl was tell other girl navy is suckers and son was stupid and lol at his wife in ladies room told jugde he took her virginity after court lol about everything on way to car the navy told son he would only get 10 to 12 months brig no more than 50 miles from wife and baby and no pay cut and would not need to file as a offender and would get other than honerable if did plea deal he got 10months 7 hours from wife pay cut dishonorable level 3 sex offender and they said he raped her overseas when she was stationed in the usa at time of the so called rape

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William E. Cassara- Military Law Attorney

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