Court-Martial for Drug Use Reversed on Appeal
Mr. Cassara represented a Navy E-6 at trial on a single charge of use of cocaine. After a hard fought case, the panel convicted the sailor and reduced him one grade. Mr. Cassara appealed that decision to the Office of the Judge Advocate General pursuant to Rule for Courts-Martial 69b. That office forwarded the case to the Navy-Marine Corps Court of Criminal Appeals. On appeal, Mr. Cassara raised the same issue he raised at trial, that is that the admission of certain evidence from the “litigation report” from the Fort Meade drug testing laboratory was erroneous. 3 years after his conviction, the Navy-Marine Corps Court of Criminal Appeals agreed with our position and reversed the court-martial conviction. As the sailor had been discharged on the basis of his conviction, this will allow him to potentially return to active duty and retire. This just goes to show that you should never give up the fight! The Court of Appeals Decision can be found here.
If you need a court-martial attorney or a court-martial appeal attorney contact Mr. Cassara for a free consultation.