Month: October 2026

A Life Sentence and the Right to Present a Complete Defense

Posted on by Becky Haugen

Law Offices of David P Sheldon Asks Supreme Court to Review Excluded Defense Evidence in Navy Murder Case

A petition challenging a life-without-parole conviction asks whether excluding evidence central to the defense violated the constitutional right to present a complete defense.

WASHINGTON, D.C. — The Law Offices of David P. Sheldon, PLLC has filed a petition asking the U.S. Supreme Court to review a Navy court-martial conviction that resulted in a sentence of life without parole. The filing raises a question at the heart of a fair trial: whether an accused service member was denied the right to present a complete defense when the military judge excluded messages the defense says were critical to explaining the death at issue.

The petition in Becker v. United States challenges the exclusion of messages written by the deceased months before her death. The defense sought to use those messages to support its theory that she died by suicide. The prosecution argued that the Navy lieutenant murdered her, and the court-martial panel convicted him of premeditated murder, among other offenses.

The filing asks the Supreme Court to examine whether the evidentiary ruling crossed a constitutional line. David P. Sheldon, founder of the Law Offices of David P. Sheldon, PLLC, is counsel of record on the petition.

Evidence the Panel Did Not Hear

The case arose from a woman’s fatal fall from an apartment window in Belgium in October 2015. At trial, the parties presented competing accounts of what happened. At trial, prosecutors repeatedly offered testimony that she had not shown suicidal intent, while the defense presented expert testimony that she faced an elevated risk of suicide.

The defense also sought to introduce messages sent seven months before the death. Those messages expressed fear about losing memory and mental faculties. The petition argues that her own words offered evidence the panel needed to weigh the defense theory and assess the prosecution’s account.

The military judge excluded the messages on hearsay grounds and under Military Rule of Evidence 403, which allows certain relevant evidence to be excluded after weighing its value against specified risks to the trial.

Errors Recognized but the Exclusion Upheld

On appeal, the Navy-Marine Corps Court of Criminal Appeals found that the messages should have qualified for a hearsay exception covering a person’s then-existing mental or emotional condition. It also found error in the trial judge’s Rule 403 reasoning.

The appellate court nevertheless upheld the exclusion after conducting its own analysis. It found that the messages had limited value, risked confusing the issues because they concerned a mental state seven months earlier, and repeated a point already addressed by the defense expert. The court also concluded that the exclusion caused no prejudice because the defense had introduced substantial evidence about the deceased’s mental health history.

The Supreme Court petition challenges that conclusion. It argues that the messages were central to the defense and that expert testimony did not replace the opportunity for the panel to consider the deceased’s own statements.

The Constitutional Question

The petition also argues that the prosecution and defense faced unequal standards. According to the filing, the prosecution was allowed to present testimony about the deceased’s lack of suicidal intent across many years, while the defense’s messages were excluded in part because they were seven months old.

Relying on Supreme Court decisions including Chambers v. Mississippi and Holmes v. South Carolina, the petition argues that applying evidence rules in this way deprived the lieutenant of his Sixth Amendment right to present a complete defense. It asks the Court to bring the military courts’ treatment of that right into line with the Supreme Court’s precedents and decisions from federal appellate courts.

For the service member challenging this conviction, the stakes are life without parole. The filing also raises a broader concern for military defendants: whether they receive a meaningful opportunity to present evidence supporting their account of events when that evidence is disputed by the government.

A Request for Supreme Court Review

The Navy-Marine Corps Court of Criminal Appeals issued its decision on December 17, 2025. The Court of Appeals for the Armed Forces denied review on June 22, 2026, and denied reconsideration on July 27, 2026.

The petition now asks the Supreme Court to grant a writ of certiorari, meaning to agree to review the case. Filing the petition does not mean the Court has agreed to hear it or ruled on its merits. The conviction remains in place, and the petition’s constitutional claims are arguments presented for review.

Through this filing, the Law Offices of David P. Sheldon, PLLC seeks Supreme Court scrutiny of an evidentiary decision it argues prevented the court-martial panel from fully evaluating the defense.

Disclaimer

This release provides general information about a legal filing and is not legal advice. Descriptions of the petition’s claims reflect the petitioner’s arguments and are not findings by the Supreme Court. Filing a petition does not establish that review will be granted or that relief will follow. Every case depends on its own facts and applicable law. Prior results do not guarantee a similar outcome. Contacting the firm does not, by itself, create an attorney-client relationship.

About the Firm

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., represents current and former service members in military legal matters, including court-martial defense and appeals. The firm advocates for clients facing proceedings that can affect their liberty, careers, and futures. Learn more at https://www.militarydefense.com/.

Contact

For media inquiries or questions about military defense and appellate representation, contact the Law Offices of David P. Sheldon, PLLC at (202) 546-9575 or visit https://www.militarydefense.com/contact-us/.

 

Nearly Three Decades of Service. A Family’s Fight for the Retirement Pay Their Step-Father Earned.

Posted on by Becky Haugen

Law Offices of David P. Sheldon, PLLC reports DFAS payment progress following mandamus litigation; retroactive funds remain under final review.

WASHINGTON, D.C. — After a prolonged struggle to receive the military retirement pay their father earned through 29 years of Navy service, one family has finally obtained relief: the Defense Finance and Accounting Service (DFAS) has corrected the retired Chief Petty Officer’s direct deposit information and he finally received his payments after nearly a 2-year lapse.  It took making it a federal case.

DFAS’s Office of General Counsel also confirmed that an audit of the retroactive funds owed to the veteran is underwent final review and is currently pending payment in the amount of over $76,000.

The development follows a federal mandamus action brought by the Law Offices of David P. Sheldon, PLLC on behalf of the veteran’s appointed power of attorney. The action sought to compel government officials to address the withheld retirement payments and direct both overdue and future payments to the veteran’s designated bank account.

For the family, the dispute concerned the loss of income their father had earned through nearly three decades of service to his country, including service during the Vietnam War. The interruption created financial hardship during a time in which the veteran was medically deemed incompetent, incurred significant medical bills, and left the family trying to navigate an administrative system that repeatedly failed to resolve the problem.

According to the petition, the veteran’s retired pay account was suspended in early 2025 after a payment was returned from a closed bank account. His stepdaughter, acting under a power of attorney, sought to redirect his payments to a new account.

What followed was an extended series of submissions, telephone calls, correspondence, and requests for clarification from DFAS’s refusal to act. The petition describes more than 17 months of efforts to obtain DFAS action, including repeated document submissions, changing explanations of what was required, and online help tickets closed without resolving the underlying request.

Each additional administrative hurdle prolonged the family’s uncertainty about when her step-father would again have access to his retirement income.

“A family should not have to spend month after month fighting to access retirement pay their step-father earned through 29 years of service,” said attorney Fleming Keefe. “We achieved an important step toward restoring his income, but the retroactive payments remain outstanding It simply boggles the mind that it took bringing a federal action to remedy this situation.  I respect DFAS’s general counsel for stepping in to resolve this matter when it came to her attention, however I challenge DFAS to review their internal processes so that similar issues may be avoided in the future. This issue was entirely avoidable and should not have required such extreme effort. DFAS owes more to its veterans, and it certainly owes more to its vulnerable veterans.”

The firm’s petition sought relief in the U.S. District Court for the District of Columbia through mandamus and the Administrative Procedure Act. It asked the court to compel agency action on the overdue and future retirement payments.

The case illustrates the burden an unresolved retirement-pay problem can place on a veteran’s entire family. Relatives acting on a loved one’s behalf may face repeated paperwork demands while also trying to manage the financial consequences of interrupted income.

The Law Offices of David P. Sheldon, PLLC represents service members, military retirees, and their families in matters involving military records, retirement benefits, and federal administrative disputes.

About the Law Offices of David P. Sheldon, PLLC

Based in Washington, D.C., the Law Offices of David P. Sheldon, PLLC represents military service members, veterans, federal employees, and uniformed services professionals in military, federal, and administrative legal matters. The firm helps clients protect their careers, benefits, and rights through administrative proceedings and litigation.

For more information, visit militarydefense.com or call (202) 546-9575.

Disclaimer

This release provides general information and does not constitute legal advice or create an attorney-client relationship. The account of the dispute is based on the petition and the subsequent DFAS update. Allegations in the petition are not judicial findings. DFAS reported a scheduled monthly payment; receipt has not been independently confirmed. The retroactive payment amount and release date remain pending. Past results do not guarantee a similar outcome in another matter.

Indigenous Peoples’ Day: Honoring USPHS Officers Serving Tribal Communities

Posted on by Becky Haugen

Honoring USPHS Commissioned Corps Officers on Indigenous Peoples’ Day

On Indigenous Peoples’ Day, Law Offices of David P. Sheldon, PLLC Honors USPHS Officers Serving Tribal Communities

Washington, D.C. — On Indigenous Peoples’ Day, the Law Offices of David P. Sheldon, PLLC recognizes the history, cultures, contributions, and enduring sovereignty of Indigenous peoples across the United States, while paying special tribute to the U.S. Public Health Service Commissioned Corps officers whose public service brings them into communities across Indian Country.

For many USPHS officers, service is deeply connected to the health and well-being of American Indian and Alaska Native communities.

Commissioned Corps officers serve within the Indian Health Service (IHS), at federal health facilities, and alongside Tribal health programs and urban Indian organizations. They work as physicians, nurses, pharmacists, dentists, engineers, scientists, behavioral health professionals, environmental health specialists, and in many other professional roles.

Some serve in remote communities. Others spend much of their careers working within the same regions, building professional relationships with patients, families, Tribal health leaders, and local health professionals.

Their work is not simply a temporary deployment. For many officers, it is a career of public service.

A Uniformed Service with a Distinct Public Health Mission

The USPHS Commissioned Corps is one of the nation’s uniformed services, but its mission is different from that of the Armed Forces. Its officers use their professional skills to protect health, respond to emergencies, and provide critical services to communities across the country.

That mission has a particularly important connection to the Indian Health Service.

IHS reported in 2026 that it is home to the largest number of USPHS Commissioned Corps officers serving anywhere in the federal government. Those officers contribute to a health system that serves approximately 2.8 million American Indian and Alaska Native people through a nationwide network of federal and Tribal health facilities and urban Indian organizations.

Those numbers tell only part of the story.

Behind them are public health professionals practicing medicine, managing pharmacies, providing dental and behavioral health care, improving sanitation and environmental health, responding to emergencies, developing health programs, and helping communities maintain continuity of care.

The work requires professional skill. It also requires an understanding that service in Tribal communities occurs within a unique government-to-government relationship between Tribal Nations and the United States.

Service Built on Partnership

The relationship between the federal government and Tribal Nations carries legal, historical, and public health responsibilities that extend far beyond any single holiday.

USPHS officers working through IHS become part of the daily effort to fulfill those responsibilities.

Federal policy also allows Commissioned Corps officers assigned to IHS to serve with Tribal health programs operated by Tribes and Tribal organizations. These assignments are based on agreements between IHS and the participating Tribe or Tribal organization, an important recognition that effective health care is built through partnership.

On Indigenous Peoples’ Day, that distinction matters.

This day should not simply be about recognizing Indigenous history. It is also an opportunity to recognize the communities, governments, health professionals, and public servants doing the work today.

For the Law Offices of David P. Sheldon, PLLC, that includes recognizing members of the USPHS Commissioned Corps.

Honoring Those Who Serve

The Law Offices of David P. Sheldon, PLLC has the privilege of representing members of the uniformed services, including officers of the U.S. Public Health Service Commissioned Corps.

We understand that a uniform is more than a symbol.

Behind it is a professional career, a commitment to public service, and, for many USPHS officers, a willingness to work wherever their expertise is most needed.

For officers serving American Indian and Alaska Native communities, that commitment may mean practicing in rural or geographically isolated areas, responding to public health for generations to come.

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., represents members of the Armed Forces and other uniformed services, including officers of the U.S. Public Health Service Commissioned Corps, in military, administrative, federal employment, and related legal matters.

The firm represents clients facing career-changing administrative and legal challenges and is committed to protecting the rights, careers, and professional reputations of those who serve the nation.

For additional information about the firm’s representation of uniformed service members, visit the Law Offices of David P. Sheldon, PLLC website.

Disclaimer

This publication is provided for general informational and educational purposes only and does not constitute legal advice. Reading this publication does not create an attorney-client relationship with the Law Offices of David P. Sheldon, PLLC. Every legal matter depends upon its individual facts and applicable law. Individuals seeking legal advice regarding a specific matter should consult qualified legal counsel.