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Philip Douglas Cave
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Philip Cave’s Legal Cases

46 total

  • US v. Army E-6

    Practice Area:
    Military law
    Date:
    Jan 01, 2010
    Outcome:
    Not guilty
    Description:
    Accused of possessing and attempting to sell steroids to two other junior soldiers in Afghanistan, and lying to CID about his involvement. (Art. 80, 107, 112a.) (This is a representative case of others defended.)
  • USAF O-3

    Practice Area:
    Military law
    Date:
    Jan 31, 2011
    Outcome:
    Article 15
    Description:
    From general court-martial to Article 15 after a zealous effort at the Article 32, UCMJ, hearing. The investigating officer agreed with most, not all, of our arguments on the probable cause and suitable disposition
  • Navy E-5

    Practice Area:
    Military law
    Date:
    Feb 01, 2011
    Outcome:
    Uncertain at this time
    Description:
    Cocaine use. Charges withdrawn from court-martial. The client had taken three hair tests, each of which was negative for drugs. This was going to be a costly and difficult case for the prosecution; a case which they might well have lost. At this point it is likely the command will still seek administrative separation, but we will be able to contest this. (This is a representative case of others defended.)
  • US v. Air Force E-6

    Practice Area:
    Military law
    Outcome:
    General discharge, and retirement.
    Description:
    Facing a second adminstrative discharge board for wrongful use of cocaine and marijuana. (This is a representative case of others defended.)
  • US v. Contractor

    Practice Area:
    Military law
    Outcome:
    Clearance granted.
    Description:
    Client was denied a TS clearance and SCI access revoked for Personal Conduct issue (child neglect).
  • US v. Contractor

    Practice Area:
    Military law
    Outcome:
    Clearance granted.
    Description:
    Client was denied security clearance based on being fired from a job. The reason for being fired was that he accessed the IT systems in an unauthorized manner. Client went with me to a hearing before a DOHA judge.
  • US v. Navy E-5

    Practice Area:
    Military law
    Date:
    Jul 28, 2011
    Outcome:
    Reversed on appeal; and charges dismissed.
    Description:
    Client was accused and convicted of rape at trial. I told him not to give up, we'd appeal. Last year the intermediate court said there was error and gave a new sentencing hearing. Today (17 May 2011), the CAAF appeals court found complete error and reversed his conviction as well as sentence. UPDATE: Today, 28 July 2011, client was released from pending retrial. He was discharged from the naval service administratively; without a conviction and without the requirement to register as a sex offender. He will also he due back pay.
  • o-3 Show Cause BOI - no misconduct, retain

    Practice Area:
    Military law
    Outcome:
    No misconduct, retention
    Description:
    O-3 (with 28 years of service) client found "guilty" at Art. 15 for DWI at an overseas base. At the Board hearing we were able to provide testimony of an expert who was able to show, using a retrograde extrapolation of the .BAC, that the client could not of had 8 drinks in two hours, etc. Board members found NO misconduct and of course recommended retention.
  • USMC E-4

    Practice Area:
    Military law
    Date:
    Sep 27, 2011
    Outcome:
    Return to duty
    Description:
    Initially the client was accused of using methamphetamines and was pending court-martial. After some investigation the command determined an administrative discharge was the best they could do. However, once the command was shown that the drug results were unreliable and they were shown that the Marine was a hard worker and an asset to the unit, the command dropped all adverse actions. This is not a guaranteed result in all cases.
  • Navy O-6

    Practice Area:
    Military law
    Outcome:
    Retired in grade
    Description:
    Accused of threatening emails and stalking, as well as orders violations. After presentation of case received a nonpunitive letter of caution, along with favorable endorsement of retirement request.