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Timothy Litka

 Timothy Litka represents clients in all aspects of the practice and heads the appellate section of the firm.  As a civilian, he clerked for The Honorable Judge John Wise of The Fifth District Court of Appeals.  It was at the Court of Appeals where he first became interested in sharpening his skills to argue cases at the appellate level.  As a soldier Timothy holds the rank of Major and represents soldiers before the military appellate courts.  A former public defender he defended hundreds of clients facing family law, misdemeanor, and felony allegations. 

When Timothy entered the U.S.  Army’s JAG Corps., he utilized the skills he learned as a public defender to represent soldiers and dependents facing many different legal issues and helped them resolve outstanding debts, problems with command, and estate planning issues.  At this point the Army JAG Corps wanted to move Timothy to the position of trial counsel (prosecutor).  Risking his career, he told the Army “no.” He wanted to defend soldiers at Fort Hood, Texas.  Fort Hood was the busiest trial defense shop in the Army.  He was ultimately moved to trial defense.

Timothy has defended servicemen facing a wide variety of charges.  Among those defended, were soldiers charged with murder and attempted murder. One of his cases brought attention to the United States Military’s DNA Repository and its access for Law Enforcement Purposes.
  
Timothy has defended service members facing various drug charges to include wrongful importation and distribution of approximately 450 pounds of marijuana, wrongful distribution of 41 pounds of marijuana and 1 gram of cocaine, wrongful use of marijuana and cocaine, and violating 21 USC § 856 (2002) (The Federal Crack House Statute). 

As a civilian and member of the military Timothy has been lead defense counsel in several hundred cases defending against allegations involving rape, larceny, carnal knowledge, assault, child pornography, and various military specific offenses such as AWOL. 

One of Timothy’s clients was the last of three, to go to trial, facing the allegation of premeditated murder.  He was found not guilty of premeditated murder and Timothy’s sentencing argument brought forth the following observation from his Senior Defense Counsel “I personally observed CPT Litka present the most persuasive, cogent, elegant argument on behalf of a soldier that I saw in my tenure as Senior Defense Counsel.”

Timothy subsequently moved to the military appellate courts to build upon his knowledge of the military criminal system.  At this stage he learned that the fight does not end after trial is over.  Courts-martial sentences can be reduced and contested charges can be fought again and set aside if the court finds the evidence was insufficient at trial.

Timothy is exceptionally adept at culling the most significant facts from voluminous records of trial and maximizing the use of favorable case law.  This skill once persuaded The Court of Appeals of The Armed Forces to reduce oral argument time from 30 to 15 min.

Due to his knowledge of the military justice system, Timothy was selected to help begin the Army’s E-Justice computer program.  The concept of E-Justice is to place the Army’s criminal law business practice from an allegation showing up on the military police blotter to the appeal to The United States Supreme Court in a web based program.

Timothy is an active member of The District of Columbia Bar, and is admitted to practice in front of The United States Supreme Court, The Court of Appeals of The Armed Forces, the Army, Navy/Marine, and Air Force appellate courts, and every military trial court worldwide.  He is the recipient of the Army Commendation Medal, the Army Achievement Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, The Army Service Ribbon, The Army Staff Identification Badge, The Meritorious Service Medal, and The Reserve Overseas Training Ribbon (x2).

 

 

High Profile Cases




HADITHA
LCpl Justin Sharratt was one of four Marines charged with murder on December 21, 2006 in connection with the killing of 24 Iraqi men, women and children in Haditha, Iraq. It was the U.S. military's deadliest criminal case to emerge from the Iraq war. LCpl Sharratt faced a life sentence if convicted.

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ISKANDARIYAH
On July 1, 2007 Army Sergeant Evan Vela, a Ranger qualified sniper with the 1st Battalion, 501st Parachute Infantry Regiment, was charged with the premeditated murder of an Iraqi who had compromised his team's hide position in the Triangle of Death. Sergeant Vela faced a life sentence if convicted.

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RAMADI
On June 25, 2006 the Army charged Specialist Nathan Lynn of the 1st Battalion, 109th Infantry Regiment with the wrongful killing of an Iraqi who was shot to death while moving tactically on SPC Lynn's position. SPC Lynn was also charged with conspiracy for his alleged role in planting an AK-47 at the scene.

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CHARLES JENKINS
In the early morning hours of January 5, 1965, Sergeant Charles Robert Jenkins deserted his U.S. Army unit in South Korea and walked across the DMZ to North Korea where he remained until 2004. When he escaped North Korea in the summer of 2004, he was charged with desertion and aiding the enemy and faced a possible life sentence.

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MAHMUDIYAH
The Al-Mahmudiyah killings occurred on March 12, 2006 in a house located south of Baghdad, Iraq in which four United States soldiers with the 101st Airborne Division raped and murdered a 14 year-old Iraqi girl after murdering her mother, father and 5 year old sister. All four Soldiers faced the possibility of the death sentence.

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TIKRIT
PFC Corey R. Clagett and three other Soldiers of the 101st Airborne Division were charged with the alleged execution of three male detainees on May 9, 2006. PFC Clagett plead guilty to the charges to avoid a life sentence without being told that two of the other Soldiers had taken full responsibility for all three killings.

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JALALABAD
On March 4, 2007, a convoy of Special Operations Marines was attacked outside of Jalalabad, Afghanistan. They responded in self defense. After the Afghanistan Independent Human Rights Commission issued a report stating that 12 civilians were killed and 35 wounded, the NCIS initiated an investigation

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