Attorney Philip Douglas Cave's Legal Cases

Military law

Sex trafficking -- full acquittal

Jan 01, 2019

OUTCOME: Full acquittal

The client was accused of violating federal anti-sex trafficking laws while stationed overseas and adultery by having sex with a prostitute. These offenses were alleged to have happened between June an ... d September 2017, and the trial eventually happened in 2019. The reasons for the delay are many--but let me suggest that it was not just the everyday problems of lawyer and judge scheduling conflicts that had to be considered. One takeaway is that the joke sometimes heard that NCIS stands for No Crime Investigated Sufficiently, may be--well--you complete the sentence. They never bothered to do an essential investigation that would have established the likelihood of a defense to the charges, nor did they do some fundamental evidence gathering. After the prosecution presented their case to the members, the defense motion to dismiss everything but the adultery allegation was granted under R.C.M. 917. Such a motion argues that the prosecution has not presented "some evidence" on each of the offense elements required for conviction. After that, the members found the client not guilty of adultery.

Military law

USvE-7

Apr 30, 2018

OUTCOME: Good outcome to a difficult case.

Client accused of $235K in BAH fraud. We were able to negotiate a favorable pretrial agreement for a special (vice general) court-martial at which the client received 179 days in confinement, reductio ... n to E-4, and a fine. As a result it is still possible that he will be able to retire, albeit with a retirement check based on E-4 rank.

Military law

Domestic violence--mixed results

Apr 17, 2018

OUTCOME: Mixed findings and exceptional sentence.

Client was accused of multiple spouse assaults over a number of years, stalking, and violating MPO's. The military judge entered finding of guilty as to two assaults and one of violating a MPO. The s ... entence was BCD and 12 months confinement.

Military law

Alternate disposition

Mar 30, 2018

OUTCOME: Alternate disposition

Client charged with abusive sexual contact on several other males while he was very drunk. An administrative separation has been approved in lieu of a court-martial: conviction avoided and chances of ... no removal action improved.

Military law

Reversed on appeal

Mar 28, 2018

OUTCOME: Conviction reversed on appeal.

Several years ago the client was prosecuted for a sexual offense against three different patients. He was convicted and sentenced to confinement. I took on his appeal. Initially, the court of crimin ... al appeals upheld his conviction so we went to CAAF. The CAAF summarily reversed the CCA and told them to redo it. Now the CCA has found the judge's errors were not harmless beyond a reasonable doubt and has reversed the conviction.

Military law

Good result for child sexual assault allegations

Mar 27, 2018

OUTCOME: 13 years confinement.

About two years ago the client was arrested by civilian police for sexual abuse of several minors and is pending prosecution for those offenses. While this was happening the MCIO began an investigatio ... n and the client was charged with offenses against a victim on base in a different state. They interrogated the client and obtained admissions, which we unsuccessfully challenged at trial. The admissions came after the client had passed a polygraph on whether there had been penetration of a victim. The MCIO agent lied to the challenge and did not tell him he was nondeceptive. The agent testified at trial that they always tell a suspect they failed if they did, but that if the pass or inconclusive they don't tell them that and imply a failure as an investigative tool. With that done, a guilty plea was entered to some of the allegations for which the maximum potential sentence was 120 years confinement. The judge imposed 13 years confinement. The client remains confined on the state charges and we are hoping the civilians will now drop them.

Military law

A good result

Mar 07, 2018

OUTCOME: Mixed findings and exceptional sentence.

An O-4 client accused of multiple serious physical assaults on son over a number of years. Alleged assaults documented through reports and medical records. Experts testified at trial to child abuse. ... He was found guilty of only one of eight charges and was sentenced to No Punishment by a jury.

Military law

USvE1

Feb 27, 2018

OUTCOME: Guilty plea to minor offenses

In late summer 2014, my client and another were accused of conspiring with each other and committing sexual assaults on a single complaining witness. The events were alleged to have happened at a part ... y at a local hotel. As the investigation progressed six others were implicated in an alleged group sexual assault. Our theory of the case was that the complaining witness wanted to get out of trouble and so made a false complaint. After 42 months, the sexual assault charges were finally dismissed and the client entered a guilty plea to some minor military offenses. More here. https://www.court-martial-ucmj.com/up-periscope/bh-8-case-continues-fizzle/

Military law

Conviction reversed

Feb 05, 2018

OUTCOME: Conviction reversed.

I represented the client at trial and on appeal through the military and United States Supreme Court. Today, the Army Court of Criminal Appeals set aside the conviction because the jury members were s ... ubject to unlawful command influence and decided the case not on the facts but on Army public relations.

Military law

Case reversed for insufficient evidence

Feb 05, 2018

OUTCOME: Conviction reversed.

Client was convicted of various sexual offenses. We litigated a number of legal errors and also that the evidence was factually insufficient. The Air Force Court of Criminal Appeals agreed and set-as ... ide the findings.

Philip Douglas Cave's Legal Cases (85)

Sex trafficking -- full acquittal

USvE-7

Domestic violence--mixed results

Alternate disposition

Reversed on appeal

Good result for child sexual assault allegations

A good result

USvE1

Conviction reversed

Case reversed for insufficient evidence