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Philip Douglas Cave
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Philip Cave’s Legal Cases

46 total

  • US v. Army E-5

    Practice Area:
    Military law
    Outcome:
    General Court-Martial charges dismissed, summary court-martial on unrelated charges.
    Description:
    Accused of rape. After a pretrial motions session and interviews in preparation for trial, the complaining witnesses (husband and wife) decided to "tell the truth." The allegation of rape was false. There were other unrelated charges which were disposed of at a summary court-martial with a board waiver.
  • Army E-7

    Practice Area:
    Military law
    Outcome:
    Mixed findings, good sentence
    Description:
    Granted new trial after conviction of BAH fraud in amount of $132K, and sentence of BCD and six months set aside. On retrial mixed findings, with attempted theft of over $500.00. Reduced in rank one pay grade and forfeiture of $1000.00 per month for two months. Retirement papers submitted.
  • US v. Army E-1

    Practice Area:
    Military law
    Date:
    Dec 01, 2011
    Outcome:
    Mixed findings, good sentence
    Description:
    Client housed in Max custody at USDB. Accused as ringleader of himself and 12 others in mutiny, kidnapping, multiple assaults, and damaging property (all of which was on video-tape). After contested trial found not guilty of an assault and a kidnapping. Sentenced to five years. Litigation of other issues related to illegal punishments reduced likely sentence by 2 yrs 9 months. The co-accused alleged to have aided start the assaults and mutiny plead guilty to all charges, was sentenced to 15 years, and had that reduced to eight years with a pretrial agreement (plea bargain).
  • US v. Contractor

    Practice Area:
    Military law
    Date:
    Nov 24, 2011
    Outcome:
    Clearance granted.
    Description:
    Security clearance case based on prior use of drugs: marijuana, heroin, cocaine. We were able to establish rehabilitated, not future concerns, change in life-style, and several other factors relevant to the "whole person."
  • Security clearance

    Practice Area:
    Military law
    Date:
    Feb 17, 2012
    Outcome:
    Clearance granted
    Description:
    NG member applicant for TS with SCI access. Prior accusations of TDY fraud, but no conviction or Article 15. Assisted prepare response to letter of intent and coach for meeting with investigator. For a small fee she got my help and clearance. Can't win everytime, but this was an example of getting advice early and addressing issues early.
  • A limited engagement

    Practice Area:
    Military law
    Date:
    Apr 02, 2012
    Outcome:
    PTA
    Description:
    I was recently hired by a client for a limited purpose - to investigate and litigate a coerced four hour video-taped confession issue; the military lawyer was to take care of everything else. In the process I was able to identify significant issues in the case that hadn't been considered or which could have lead to harmful information against the client. As a result we were able to pivot and negotiate a very favorable pretrial agreement in a case of child sexual abuse. This ended up with good damage control.
  • US v. Army E-3

    Practice Area:
    Military law
    Date:
    Jun 15, 2012
    Outcome:
    Mixed findings, good sentence
    Description:
    Accused of raping spouse four times over three years, twice with a weapon; raping a girlfriend twice; multiple assaults, aggravated assaults, and threats against spouse; multiple assaults and weapon related threats against a second girlfriend; obstruction of justice. Found guilty of several assaults and threats on spouse and the second girlfriend, not guilty of all rapes, and most of the assaults. Sentenced to 18 months confinement and a bad conduct discharge.
  • US Army E-6

    Practice Area:
    Military law
    Date:
    Dec 07, 2012
    Outcome:
    Written counseling and retention
    Description:
    Alleged possession of drugs in quarters.
  • U.S. servicemen arrested for public indecency

    Practice Area:
    Military law
    Date:
    Dec 07, 2012
    Outcome:
    Article 15, nonjudicial punishment
    Description:
    U.S. servicemen arrested for public indecency; client makes formal apology (An apology is considered a virtue in Japan. Apologies show that a person takes responsibility and avoids blaming others. When one apologizes and shows one’s remorse, the Japanese are more willing to forgive); Japanese Prosecution suspended for sailor accused of nudity in cafe (and jurisdiction ceded to the U.S. under the SOFA). Case disposed of at Captain’s Mast (Article. 15). Recommendation for administrative separation pending.
  • Marine pending adverse administrative actions

    Practice Area:
    Military law
    Date:
    Dec 14, 2012
    Outcome:
    Resolved w/Page 11, and rehabilitative transfer.
    Description:
    Marine was pending Art. 15 (NJP) for various offenses and possible administrative separation. There were also various "maltreatment" of him issues.