NMCCA 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 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 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 ArticleTop 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 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...
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 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 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 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 ArticleCAAF 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...
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