Historical legal discussion. This article addresses the version of Article 120 applicable to conduct from 1 October 2007 through 27 June 2012. References below to the “new” or “current” statute and trial procedures describe that historical discussion, not the law for a current offense. Read Consent Under Article 120: The Offense Date Matters for an […]
Sep 2, 2011 The C.A.A.F. has recently granted review in three cases involving M.R.E. 412(b)(1)(C), which may indicate that the C.A.A.F. is reconsidering its decision in Banker. The cases and the issues granted, are: (i) United States v. Gaddis, CCA 20080150, No. 10-0512/AR (September 27, 2010). Issues granted: a) Whether the Military Judge erred by […]
In United States v. Smith, 68 M.J. 445 (C.A.A.F. 2010) the issue was whether Smith was denied his right to confront the accuser. Webster Smith, a Coast Guard Academy Cadet, was convicted, contrary to his pleas, of attempting to disobey an order, going from his place of duty, sodomy, extortion, and indecent assault. The charges […]
Aug 12, 2011 United States v. White, No. 20061313 (A. Ct. Crim. App. Aug. 11, 2010) (unpublished) deals with the issue of a member expecting a guilty accused to plead guilty. During individual voir dire, panel member said he observed a trial of one of his Soldiers who had been charged with sexually abusing a child. He […]
State and territorial laws are diverse. If your military defense lawyer is uncertain where you may reside, carry on a vocation, or go to school, he will likely (and justifiably) be very cautious when giving advice that an offense is not covered or the exact procedures to register other than “check with local authorities for […]
United States v. King, 604 F.3d 125 (3rd Cir. 2010) deals with the Georgia v. Randolph rule. King conditionally pled guilty in the U.S. District Court for the Middle District of Pennsylvania to interstate transportation to engage in sex with a minor. King appealed based on a variety of alleged legal errors. The relevant issue for […]
In United States v. Coons, No. 200900366 (N-M. Ct. Crim. App. Dec. 22, 2009) (unpublished), the issue was whether the military judge erred by suppressing the appellee’s statement for lack of corroboration. During an interview with NCIS, the appellee told investigators that he began abusing his then seven-year-old daughter around December 1999. He specifically admitted to […]
United States v. Burghardt, No. Misc. 2009-13 (A.F. Ct. Crim. App. Mar. 5, 2010) (unpublished) deals with corroboration. At an interview with AFOSI, the appellee admitted in writing and orally to removing the victim’s clothing while she was passed out, performing oral sex on her while she was passed out, and engaging in sexual intercourse […]
In United States v. Ferguson, 68 M.J. 431 (C.A.A.F. 2010) the accused communicated on-line with a police officer posing as a fourteen-year-old boy. During their first conversation, the accused explained what it was like to have a man ejaculate in his mouth. Later that day, the accused sent six images of himself with an erect […]