Litigator Libations
Updates and tips on defensive litigation in military justice including discussing recent appellate decisions and providing advocacy tips.
Episodes
108 episodes
108 - Devilish Dates: Panel Randomization and Kershaw
This week, Sam and Trevor focus on United States v. Kershaw, No. 25-0177/AF, 2026 CAAF LEXIS 396 (C.A.A.F. Apr. 30, 2026), another divided Court of Appeals for the Armed Forces (CAAF) decision. Before diving into Kershaw, Sam ...
107 - Res Gestae for Sexual Assault Cases & Post Trial Motions
This week, Sam and Trevor discuss a new Court of Appeals for the Armed Forces (CAAF) case, United States v. Washington, No. 25-0044, 2026 CAAF LEXIS 353 (C.A.A.F. Apr. 13, 2026), and then feature a trial-level practitioner, Raquel Musc...
106 - A Whole Lot of “Chutzpah”
This week, Sam and Trevor cover two cases, United States v. Braum, __M.J.__, No. 25-0046/AF, 2026 CAAF LEXIS 343 (C.A.A.F. Apr. 8, 2026), and United States v. Talley, No. ACM 40828, 2026 CCA LEXIS 171 (A.F. Ct. Crim. App. Apr....
105 - Sex Dolls & Rights Invocations (Rocha IV and Hurtado)
The case you've all been waiting for! *drumroll please* United States v. Rocha, No. 25-0157, 2026 CAAF LEXIS 254 (C.A.A.F. Mar. 16, 2026), the child-like sex doll case, is back and finally resolved! This week, Sam and Trevo...
104 - Nothing New Here...
On this week's episode, Sam and Trevor focus on a recent case from the Supreme Court, Villarreal v. Texas, 2026 U.S. LEXIS 1103 (U.S. 2026). Villarreal explains the limits on how and when a judge can prevent a testifying defen...
103 - Improper Argument Strikes Again
This week, Sam and Trevor start off by answering a listener question about one of last episode’s cases: United States v. Kruse, No. 202500370, 2026 CCA LEXIS 13 (N-M Ct. Crim. App. Jan. 21, 2026). After a brief recap and debate, the tw...
102 - Get it Together, for Efficiency's Sake!
This week, Sam and Trevor tackle two cases that foretell the risks of prioritizing expediency over process. First, after eight years, United States v. Jacinto, No. 24-0144, 2026 CAAF LEXIS 116 (C.A.A.F. Feb. 2, 2026), comes to end. Thi...
101 - "Moore" Clarification/Confusion on Mendoza
This week, Sam and Trevor discuss four of the latest Court of Appeals for the Armed Forces opinions. The first case they cover is United States v. Malone, No. 25-0140, 2026 CAAF LEXIS 62 (C.A.A.F. Jan. 20, 2026), which addresses how de...
It’s our 100th Episode!
For the 100th episode of Litigator Libations, Sam and Trevor keep it short and sweet. They discuss two recent decisions. First, they talk about Case v. Montana, No. 24-624, 2026 U.S. LEXIS 432 (Jan. 14, 2026), from the Supreme Court. <...
To Be, or Not to Be (Arbitrary)?
Happy New Year, everyone! This week, Sam and Trevor cover two cases where the Court of Appeals for the Armed Forces (CAAF) analyzes the purported arbitrary application of military rules of evidence. The first is United States v. Maebane
98 - Waiving Goodbye to Errors - and 2025!
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 a...
97 - Alcohol and Bad Decisions (Ruiz and Gonzalez)
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,...
96 - Did Downum Change the Permissive Inference?
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 ...
95 - Discovery Considerations following Roan and Secord
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 ...
94 - How U.S. v. Casillas Clarifies (or Confuses) U.S. v. Mendoza.
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....
93 - U.S. v. Saul; U.S. v. Navarro-Aguirre; and U.S. v. George
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 s...
92 - US v Patterson; US v Dillenburger; and Reverse 404(b)
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 ...
91 - US v Johnson; US v. Thomas; and Objecting to the Permissive Inference
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 Tr...
90 - U.S. v. Taylor; U.S. v. Harborth; and Considering "or" in Specifications
In this week's (lengthy) episode we discuss United States v. Taylor, which deals with the statutory requirements that must be satisfied when involuntarily recalling a reserve member to active duty for purposes of court-martial (and how they dif...
89 - United States v. Brinkman-Coronel and MRE 513 and Family Advocacy Records
This week we discuss United States v. Brinkman-Coronel, where the CAAF acknowledges that cellular phones are unique under the Supreme Court's Fourth Amendment analysis, but then presses on to treat third party consent to the ...
88 - United States v. Hunt and M.R.E. 105
In this week's episode we discuss the AFCCA case of United States v. Hunt, where the AFCCA applies the new factual sufficiency analysis and concludes that the government failed to prove guilt beyond a reasonable doubt -- a hu...
87 - United States v. Shafran and Sexual Harassment as Free Speech
Today Lt Col Allen Abrams joins to discuss the case of United States v. Shafran. The issue in the case is an Article 134 specification that failed to include words of criminality, such as "wrongfully" or "unlawfully." ...
86 - United States v. Caswell and Public Trials
In this episode we discuss United States v. Caswell, where the Air Force Court of Criminal Appeals declined to follow the bench book and CAAF precedent, because it found that by moving the offense of unlawful possession of a ...
85 - United States v. Urieta, United States v. Valentin-Andino, & Prior Statements
In this episode we discuss the case of United States v. Urieta, where CAAF found an abuse of discretion in a military judge's failure to grant a defense challenge for implied balance in light of the liberal grant mandate.&nbs...
84 - United States v. Greene-Watson and the Marital Privileges
This week we discuss the CAAF case of United States v. Greene-Watson, which is another case addressing Military Rule of Evidence 404(b) and the very thin line between common scheme or plan and propensity under CAAF's recent case law. We a...