Monthly Archives: June 2016

United States v. Commisso

From the The Law Office of Philip D. Cave… Here’s another. In United States v. Commisso, CAAF has granted on the following issue. WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION IN DENYING THE DEFENSE’S POST-TRIAL MOTION FOR A MISTRIAL, THEREBY VIOLATING APPELLANT’S RIGHT TO HAVE HIS CASE DECIDED BY A PANEL OF FAIR AND IMPARTIAL MEMBERS, BECAUSE THREE PANEL MEMBERS FAILED TO DISCLOSE THAT THEY HAD PRIOR KNOWLEDGE OF THE CASE. [...]

By |2016-06-29T21:31:10+00:00June 29th, 2016|Military Justice|Comments Off on United States v. Commisso

A Travesty of Justice: Collateral Charges In Military Sexual Assault Cases

A Travesty of Justice: Collateral Charges In Military Sexual Assault Cases From the Daily Caller Opinion 3:14 PM 06/28/2016 Defense Secretary Ash Carter proclaimed in a recent letter to Senator Kirsten Gillibrand that the military’s criminal justice system is now superior to the civilian system in winning convictions of sexual misconduct. How was this feat accomplished? Mr. Carter reveals it was achieved through the practice of charging individuals with “collateral” allegations: [...]

By |2016-06-29T01:05:32+00:00June 29th, 2016|Education, Military Justice|Comments Off on A Travesty of Justice: Collateral Charges In Military Sexual Assault Cases

Secretary of Defense Ash Carter Justifies Strategy of Holding Service members Accountable for Sexual Assault through Collateral Misconduct Convictions

Secretary of Defense Ash Carter Justifies Strategy of Holding Service members Accountable for Sexual Assault through Collateral Misconduct Convictions… “A perfect example of this premise being true to life is the recent case of Major Kit Martin at Ft. Campbell, Kentucky. MAJ Martin thought that he was married to a woman named Joan Harmon. It turns out that MAJ Martin was not technically married to her because unbeknownst to him on [...]

By |2016-06-21T00:11:33+00:00June 21st, 2016|Military Justice|0 Comments

Scales of Injustice

“When a service member is accused of sexual assault, they are facing a formidable opponent. The alleged victim has their own attorney (Special Victim's Counsel,) a team of counselors and liaisons, and a specialized team of prosecutors. The accused has their defense counsel and, in most cases, the military won't provide you with a defense attorney until you are charged due to manpower shortages. The system is so slanted against the [...]

By |2016-06-14T17:48:39+00:00June 14th, 2016|Uncategorized|0 Comments

United States Court of Appeals for the Armed Forces is willing to find error in a sexual assault conviction even in this political environment

“This case shows that The United States Court of Appeals for the Armed Forces is willing to find error in a sexual assault conviction even in this political environment.” (Mr. Bill Cassara, Military Defense Attorney) “Recently, the Court of Appeals for the Armed Forces (CAAF) reversed a conviction for sexual assault in United States v. Rogers, a Coast Guard case. The case was reversed because CAAF found that one of the [...]

By |2016-06-04T04:09:17+00:00June 4th, 2016|Military Justice|0 Comments