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Home > Results > Failure to Obey Lawful Order > U.S. v. E-6, United States Navy

U.S. v. E-6, United States Navy

August 28, 2018

Naval Air Station, Mayport, Florida

Navy Sailor with 15 years of service is accused of actively participating in a nationwide criminal gang and outlaw motorcycle club. The Government refers the case to a Special Court-Martial. Sailor retains Mr. Nathan Freeburg to represent him. Mr. Nathan Freeburg files several motions before trial, more particularly, a key Motion under MRE 404(b) to exclude extremely prejudicial evidence that the Government attempts to introduce. Freeburg wins this key motion. At trial, the Government calls “gang experts” and police officers from across the country to attempt to convict the client with mere opinion instead of facts. The Government also tries to introduce the same prejudicial evidence at trial. Again, Freeburg successfully employs a U.S. Supreme Court case, United States. v. Mitchell in order to prevent the prejudicial statements under Miranda from coming in that had been taken for sentencing enhancement purposes. Freeburg successfully convinces the Military Judge to exclude this evidence from being presented at trial.

Case Result

FULL ACQUITTAL. NO Federal Conviction, NO Confinement, NO Discharge.

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