Litigator Libations

Sam Castanien & Trevor Ward
  • 5.0 (19)
  • EDUCATION
  • UPDATED BIWEEKLY

Updates and tips on defensive litigation in military justice including discussing recent appellate decisions and providing advocacy tips.

  1. DEC 12

    98 - Waiving Goodbye to Errors - and 2025!

    Send us a text In their last episode of 2025, Sam and Trevor discuss all things waiver.  There are four cases on the agenda, so buckle-up! First, United States v. Arroyo, 2025 CAAF LEXIS 688 (C.A.A.F. Aug. 19, 2025), which deals with how and why an appellate court can consider that an appellant got the “benefit of the bargain” from a plea agreement during its sentence appropriateness analysis. Second, United States v. Cook, 2025 CAAF LEXIS 726 (C.A.A.F. Aug. 28, 2025), which covers how an accused can waive the maximum punishment calculation. Third, United States v. Suarez, 2025 CAAF LEXIS 651 (C.A.A.F Aug. 5, 2025), which holds that unlawful command influence can be waived. And, finally, United States v. Batres, 2025 CAAF LEXIS 755 (C.A.A.F. Sep. 9, 2025), which grapples with the meaning of “transaction” under Rule for Courts-Martial 1002(d)(2)(B)(i).  A few other cases that come up during their discussion are United States v. Brown, 2025 CAAF LEXIS 691 (C.A.A.F. Aug. 20, 2025) (granting review), United States v. Cole, 84 M.J. 398 (C.A.A.F. 2024), and United States v. Baker, 14 M.J. 361 (C.M.A. 1983), abrogated on other grounds by United States v. Teters, 37 M.J. 370 (C.A.A.F. 1993). The briefs for Brown are available here: https://www.armfor.uscourts.gov/GrantedCasesBriefs.htm After covering all these cases, the duo are taking a quick break and will see everyone again after the New Year! Happy Holidays! In the meantime, you can always email us with questions or comments at litigator.libations@gmail.com.

    42 min

  2. NOV 28

    97 - Alcohol and Bad Decisions (Ruiz and Gonzalez)

    Send us a text Happy Thanksgiving! This week, Sam and Trevor tackle United States v. Gonzalez, 2025 CAAF LEXIS 761 (C.A.A.F. 2025), and United States v. Ruiz, 2025 CAAF LEXIS 656 (C.A.A.F. 2025). While both cases have some interesting facts, they also have big takeaways for trial practitioners.  In Gonzalez, we see the first effects of United States v. George, 85 M.J. 133 (C.A.A.F. 2024), where the parties’ interpretations of the specification at trial trump arguments on appeal. For Ruiz, prior consistent statements under MRE 801(d)(1)(B)(ii) seem to be expanded outside the narrow path articulated in United States v. Finch, 79 M.J. 389 (C.A.A.F. 2020). Now part of a circuit split, Ruiz is petitioning SCOTUS on this issue, so keep an eye out for any developments dealing with whether SCOTUS will extend Tome v. United States, 513 U.S. 150 (1995), to this category of prior consistent statements. The full Petition for Writ of Certiorari is available at: https://www.supremecourt.gov/DocketPDF/25/25-561/383633/20251105123311855_Ruiz%20v.%20United%20States%20Petition%20for%20Writ%20of%20Certiorari.pdf. If you have any questions or listener comments, please email us at litigator.libations@gmail.com.

    34 min

  3. NOV 14

    96 - Did Downum Change the Permissive Inference?

    Send us a text This week, Sam and Trevor tackle United States v. Downum, __ M.J. __, No. 24-0156/AR, 2025 CAAF LEXIS 828 (C.A.A.F. Sep. 30, 2025). Well, sort of. In Downum, the CAAF makes an interesting point about what is required to invoke the permissive inference for unlawful use of a controlled substance under Article 112a, UCMJ. The CAAF seems to imply that the Government “must” present certain evidence to get the permissive inference. But this appears to change decades of case law on how the permissive inference works in "naked UA" cases (i.e., when the only evidence of drug use is from the urinalysis test).  The duo discuss the history of the permissive inference, spanning United States v. Campbell, 50 M.J. 154, 160 (C.A.A.F. 1999) (aka Campbell I), United States v. Campbell, 52 M.J. 386, 388 (C.A.A.F. 2000) (aka Campbell II), and United States v. Green, 55 M.J. 76, 80 (C.A.A.F. 2001), before ending up back at Downum with some practice tips and advice for trial litigators.  As always, feel free to email the nerds with any feedback, thoughts, questions, or legal conundrums at  litigator.libations@gmail.com.

    28 min

  4. OCT 31

    95 - Discovery Considerations following Roan and Secord

    Send us a text Nothing is spookier this Hallow’s Eve than the Government failing to provide evidence to criminal defendants. In their Halloween special, Sam and Trevor untangle the web that is United States v. Secord, __ M.J. __, 2025 CAAF LEXIS 646 (C.A.A.F. 2025), a case about digital data and R.C.M. 701 possession. Then, they turn to a case straight out of the twilight zone, United States v. Roan, __ M.J. __, 2025 CAAF LEXIS 760 (C.A.A.F. 2025), involving hidden and destroyed evidence. Much like this lost evidence, no one is safe this Halloween! In discussing both cases, they mention a pending case at the CAAF, United States v. Braum, No. 25-0046/AF, 2025 LX 464077 (C.A.A.F. Oct. 8, 2025), and a case from last term, United States v. Strong, 85 M.J. 58 (C.A.A.F. 2024).  Questions, comments, concerns for the nerds? Email us at Litigator.Libations@gmail.com!

    31 min

  5. OCT 17

    94 - How U.S. v. Casillas Clarifies (or Confuses) U.S. v. Mendoza.

    Send us a text In their debut episode as hosts, Sam and Trevor discuss the recent CAAF decision,United States v. Casillas, __ M.J. __, 2025 CAAF LEXIS 692 (C.A.A.F. 2025). Casillas clarifies (or confuses?) the holding in United States v. Mendoza, 85 M.J. 213 (C.A.A.F. 2024), that cases charging a “without consent” theory of liability under Article 120, UCMJ, cannot be proven where the complaining witness is incapable of consenting, i.e., asleep or unconscious. Sam and Trevor also discuss a recent Navy CCA decision, United States v. Grafton, No. 202400055, 2025 LX 342911 (N-M. Ct. Crim. App. Aug. 11, 2025), that highlights some of the post-Mendoza influences (or problems?) in military justice practice. Before concluding, the duo briefly discuss instructional errors under Yates v. United States, 354 U.S. 298, (1957).  Questions, comments, concerns for the nerds? Email us at Litigator.Libations@gmail.com!

    33 min

  6. AUG 8

    93 - U.S. v. Saul; U.S. v. Navarro-Aguirre; and U.S. v. George

    Send us a text In today's episode we say farewell to long-time host Darrel Johnson and officially welcome our new hosts, Sam Castanien and Trevor Ward!  In so doing, we discuss United States v. Saul & United States v. Navarro-Aguire, two cases that speak to the providence of a guilty plea and the importance of clarifying inconsistencies during the Care inquiry.  We then discuss United States v. George, an important case that makes new law on how the appellate courts will evaluate defective/ambiguous specifications.

    29 min

  7. JUL 25

    92 - US v Patterson; US v Dillenburger; and Reverse 404(b)

    Send us a text In this week's episode we discuss one CAAF case, one N-MCCA case, and the reversing the script on MRE 404(b).  The CAAF case is United States v. Patterson, where CAAF declines to second guess the AFCCA on factual sufficiency because it is statutorily restricted to reviewing questions of law.  The N-MCCA case has several issues, including the permissive inference in a no-BCD SPCM, the Confrontation Clause, and the Constitutionality of a mandatory no-BCD SPCM in a drug case.  We then hear from Raquel Muscioni on utilizing M.R.E. 404(b) to prove up motive, competence, or other non-character matters pertaining to government witnesses.

    41 min

  8. JUL 11

    91 - US v Johnson; US v. Thomas; and Objecting to the Permissive Inference

    Send us a text In today's episode we discuss two cases from the Court of Appeals for the Armed Forces:  United States v. Johnson, which cements the conclusion that military appellate courts will not correct an erroneous indorsement to the Statement of Trial Results or Entry of Judgment requiring firearm prohibitions; and United States v. Thomas, which discusses the burdens on the defense and government under Batson v. Kentucky . . . even though it is not at all clear that that case applies to the facts of this case.  We then hear from Allen Abrams on the "permissive inference" and when and how to object to it.

    25 min
See All (98)

Ratings & Reviews

5
out of 5
19 Ratings

About

Updates and tips on defensive litigation in military justice including discussing recent appellate decisions and providing advocacy tips.

Information

  • Creator
    Sam Castanien & Trevor Ward
  • Years Active
    2021 - 2025
  • Episodes
    98
  • Rating
    Explicit
  • Copyright
    © 2025 Litigator Libations
  • Show Website
    Litigator Libations

You Might Also Like