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Litigator LibationsAuthor: Sam Castanien & Trevor Ward
Updates and tips on defensive litigation in military justice including discussing recent appellate decisions and providing advocacy tips. Language: en-us Genres: Education, Government Contact email: Get it Feed URL: Get it iTunes ID: Get it |
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It’s our 100th Episode!
Episode 100
Friday, 23 January, 2026
Send us a textFor 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. Case reaffirms Brigham City v. Stuart, 547 U.S. 398 (2006), which discussed the proper test for the emergency assistance exception to the warrant requirement, but addresses it in the context of a suicide attempt. Second, they discuss United States v. Marschalek, No. ACM S32776, 2026 CCA LEXIS 6 (A.F. Ct. Crim. App. Jan. 16, 2026), from the Air Force Court of Criminal Appeals. Based on United States v. Jones, 66 M.J. 704 (A.F. Ct. Crim. App. 2008), and United States v. Robbins, 52 M.J. 159 (C.A.A.F. 1999), Marschalek reaffirms that preemption cannot be waived by a guilty plea. As always, feel free to reach out with questions or comments at litigator.libations@gmail.com.
