This Just In: United States v. Casillas
C.A.A.F. held it was not clear or obvious that a second court-martial over images on the same phone violated double jeopardy, and rejected the ineffective-assistance claim.
October 25, 2026 · 7 min read
C.A.A.F. — decided 30 September 2026 — Chief Judge Maggs, joined by Judges Ohlson and Johnson; Judge Hardy dissenting, joined by Judge Sparks
Two courts-martial, one iPhone XR, the same charged window. That is the whole case.
In Casillas I, in March 2023, Senior Airman Nathaniel Casillas was charged with one specification of possessing and one of viewing child pornography between 1 December 2019 and 24 March 2020. He was convicted and sentenced to two years. Before that trial, investigators had already found thirteen additional images on the same phone. Trial counsel moved to change "a visual depiction" to "visual depictions," withdrew the request when defense counsel objected, then tried to get the thirteen images in under M.R.E. 404(b) and was denied.
Her law firm's website explains how a service member can hire a civilian defense lawyer and keep military counsel.
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