In an interesting case – United States v. Stevens, __ M.J. __, No. 201400330 (N-M. Ct. Crim. App. Nov. 10, 2105) The Navy-Marine Corps Court of Criminal Appeals ruled that electronic media without a tangible form do not fall within the definition of Article 121. Basically, the accused pleaded guilty to using a stolen credit card to steal an audiobook, music downloads, video games on his PlayStation, and electronic currency for a video game. The court found no further guidance in military case law on whether electronic media as alleged would be the object of larceny under Article 121. This seems to be a case the Court of Appeals for the Armed Forces is sure to hear.
Categories
Related Posts
-
US V. CPL Lindsey Scott
Feb 01View ArticleIn 1983, a woman was attacked near the Quantico Marine Base in Virginia. The victim’s description of her assailant prompted the military officers to convict and court-martial Corporal Lindsey Scott, the only black MP in the Quantico Criminal Investigation Division, despite his pleas of innocence. He was initially convicted and sentenced to 30 years in...
-
Right to Expert Witnesses in a Court-Martial
Jan 28View ArticleExpert witnesses can be a critical part of any court-martial. Service members have a right to confidential experts. See United States v. Turner, 28 M.J. 487, 489 (C.M.A. 1989); United States v. King, 32 M.J. 709 (A.C.M.R. 1991). Under R.C.M. 701 (f), their confidential assistance is subject to the attorney-client privilege and the work product privilege.As a matter of military...
-
Court of Appeals for the Armed Forces Reverses Precedent Holding that Retired Sailors and Marines Can Receive a Punitive Discharge at a Court-Martial
Jun 23View ArticleOn 19 June 2018, in US v. Dinger, the Court of Appeals for the Armed Forces set aside some previous precedent suggesting that retired members could not receive a punitive discharge at a court-martial.10 U.S.C § 6332 states that when a member in the Naval Service is placed in a retired status, that “transfer is conclusive...