CAAF to review the mens rea for indecent recording in light of Rehaif
In Rehaif v. United States, 139 S. Ct. 2191 (2019) (SCOTUSblog case page), the Supreme Court held that the word knowingly in 1018 U.S.C. §924(a)(2) – which states the punishment for unlawful possession...
View ArticleThe NMCCA clarifies the definition of impairment applicable to sexual assault...
Articles 120(b)(3)(A) and 120(d) prohibit sexual activity with a person who is incapable of consenting due to impairment by any drug, intoxicant, or other similar substance. In recent decision in...
View ArticleThe NMCCA continues to reject constitutional challenges to Article 120 (2012)
In a published opinion in United States v. Solis, __ M.J. __, No. 201500249 (N.M. Ct. Crim. App. Aug. 11, 2016) (link to slip op.), a three-judge panel of the NMCCA rejects the appellant’s arguments...
View ArticleThe Army CCA finds that digital pictures don’t constitute indecent exposure
In a published opinion in United States v. Williams, __ M.J. __, No. 20140401 (A. Ct. Crim. App. Mar. 30, 3016) (link to slip op.), a three judge panel of the Army CCA splits 2-1 to hold that the...
View ArticleThe NMCCA reverses an indecent exposure for factual insufficiency (in a...
In a published opinion in United States v. Johnston, __ M.J. __, No. 201400338 (N-M. Ct. Crim. App. Jan. 21, 2016) (link to slip op.), a three-judge panel of the NMCCA reverses the appellant’s...
View ArticleOpinion Analysis: Assault consummated by a battery is not a lesser included...
CAAF decided the Marine Corps case of United States v. Riggins, __ M.J. __, No. 15-0334/MC (CAAFlog case page) (link to slip op.), on January 7, 2016. The court finds that assault consummated by a...
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Top Ten Military Justice Stories of 2015 – #9: Competency to consent
Our #9 Military Justice Story of 2015 involves the significant steps taken this year to address the deeply flawed (and often misogynistic) view that an intoxicated person is necessarily incapable of...
View ArticleThe NMCCA highlights the difference between a victim who is asleep or...
Article 120(b) (sexual assault) and (d) (abusive sexual contact) prohibit the commission of a sexual touching upon another person under various circumstances, including when the accused: commits a...
View ArticleOpinion Analysis: CAAF holds that sexual contact includes circumstances where...
CAAF decided the interlocutory Army case of United States v. Schloff, 74 M.J. 312, No. 15-0294/AR (CAAFlog case page) (link to slip op.), on Thursday, July 16, 2015. A divided court concludes that...
View ArticleNMCCA reverses forcible rape conviction for factual insufficiency (implicitly...
In a published opinion in United States v. Thomas, __ M.J. __, No. 201300357 (N-M. Ct. Crim. App. Nov. 28, 2014) (link to slip op.), the Navy-Marine Corps CCA reverses a forcible rape conviction on...
View ArticleA significant published decision from the NMCCA interpreting Article 120c (2012)
The current version of Article 120 involves four separate statutes: Article 120 (adult sexual offenses), Article 120a (stalking), Article 120b (child sexual offenses), and Article 120c (other sexual...
View ArticleThe NMCCA rejects constitional challenges to Article 120 (2012)
In an unpublished opinion in United States v. Torres, No. 201300396 (N-M. Ct. Crim. App. Aug. 28, 2014) (link to unpub. op.), a three-judge panel of the NMCCA rejects an equal protection claim, an...
View ArticleNDAA Chairman’s markup
At this link you will find the NDAA Chairman’s markup, which includes: SEC. 535 [Log 54002]. MODIFICATION OF MILITARY RULES OF EVIDENCE RELATING TO ADMISSIBILITY OF GENERAL MILITARY CHARACTER TOWARD...
View ArticleNMCCA reverses military judge’s ruling that the maximum punishment under...
Today the NMCCA released a massive, 32 page published opinion of the court in United States v. Commander Booker, Military Judge, No. 201300247, 72 M.J. 787 (N-M. Ct. Crim. App. Sep. 20, 2013) (link to...
View ArticleThere are no model specifications for Article 120 (2012), but if there were...
Congress amended Article 120 in the FY12 NDAA, with the new statute taking effect on 28 June 2012. That date passed without any Presidential rulemaking to list elements, define terms, provide model...
View Article2013 MCM Revisions: Just the M.R.E. and 120 maximums
A reader advises that the recently-signed Executive Order 13643 (discussed here, here, and here) is now available in its entirety: link to PDF. Notably, the only changes to the MCM are the revisions to...
View ArticleUnpacking the 19,000 statistic
Here’s a fascinating article from Joint Forces Quarterly by Marine judge advocate Linsday Rodman that, among other worthy points, analyzes the 19,000 statistic that is frequently — though, as the...
View ArticleCoastie discombobulated, but not substantially incapacitated
In United States v. Johanson the appellant was sentenced to “no punishment.” The case presents another with a issue of statutory interpretation, expansion, contraction, and proposed contortion of...
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A sexual assault Rorschach
What do you see when you look at this picture? If your answer is “a brutal sexual assault,” you’re not alone. ‘We learn that George and Greta were perfect strangers. We learn that George was drunk, and...
View ArticleFeminist theory and Article 120
Over at 31(b)log, Jim Clark of TJAGLCS has posted this interesting commentary exploring the impact of feminist theory on the evolution of rape laws.
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