9 results for 'court:"Court of Appeals for the Armed Forces"'.
J. Ohlson finds that the U.S. Air Force Court of Criminal Appeals improperly set aside and dismissed defendant’s Article 134 charge relating to indecent conduct for performing sexual acts upon a childlike sex doll. Article 134 gives “fair notice to servicemembers of ordinary intelligence that engaging in sexual acts with a lifelike child sex doll falls squarely within the president’s definition of indecent conduct.” Reversed.
Court: Court of Appeals for the Armed Forces, Judge: Ohlson, Filed On: May 8, 2024, Case #: 23-0134, Categories: Military
J. Sparks finds the United States Navy-Marine Corps Court of Criminal Appeals improperly found defendant guilty of violating the Navy’s sexual harassment instruction, drunken operation of a vehicle, sexually assaulting two different women, extortion, burglary, conduct unbecoming an officer, communicating a threat, and unlawful entry and was sentenced to serve 20 years in confinement. Defendant alleged his right to due process and equal protection were violated because the court-martial panel members were chosen based on their race, and the issue was unrebutted. Defendant's convictions and sentence are set aside. Reversed.
Court: Court of Appeals for the Armed Forces, Judge: Sparks, Filed On: September 25, 2023, Case #: 22-0065, Categories: Jury, Due Process, Equal Protection
J. Ohlson finds the United States Army Court of Criminal Appeals properly affirmed defendant’s conviction on 13 specifications of premeditated murder and 32 specifications of attempted premeditated murder. Defendant worked as an Army psychiatrist and entered a crowded building on the military base where he worked and opened fire on its occupants with a semiautomatic handgun, killing 13 people and wounding 31 others. Because defendant received a death sentence, it is before the instant court for mandatory review. Defendant seeks to reverse the findings and sentence, but the instant court finds he is not entitled to relief. Affirmed.
Court: Court of Appeals for the Armed Forces, Judge: Ohlson, Filed On: September 6, 2023, Case #: 20-0193, Categories: Murder, Sentencing
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J. Sparks finds defendant was properly convicted of murder for striking his six-month-old child in the face, resulting in the child’s death. Defendant argues that the court erroneously allowed a victim’s impact statement and video. While the victim’s impact statement was in the wrong format, the instant court finds that neither presented any information that was not already submitted during trial, and did not prejudice the defendant.
Court: Court of Appeals for the Armed Forces, Judge: Sparks, Filed On: July 21, 2023, Case #: 23-0027, Categories: Murder
J. Maggs finds the instant court does not have jurisdictional authority to review a petition filed by a victim of an offense, which can only be amended by Congress. Since the petitioner is the victim of an offense, the matter cannot be considered.
Court: Court of Appeals for the Armed Forces, Judge: Maggs, Filed On: July 13, 2023, Case #: 23-0104, Categories: Jurisdiction
J. Hardy finds the lower court properly convicted defendant of two specifications of attempted sexual abuse of a child connected to correspondence he had with a fictitious minor via the internet. Defendant was sentenced to 12 months confinement for each specification to run concurrently. Defendant claims he was denied his constitutional right to a unanimous verdict under the Sixth Amendment, Fifth Amendment due process or Fifth Amendment equal protection, but the instant court disagrees. Affirmed.
Court: Court of Appeals for the Armed Forces, Judge: Hardy, Filed On: June 29, 2023, Case #: 22-0193, Categories: Constitution, Sex Offender, Due Process
J. Sparks finds the lower court properly sentenced defendant in this matter where defendant stabbed three people, killing two of them and permanently injuring another after a confrontation. Defendant was convicted on two specifications of premeditated murder and one specification of attempted premeditated murder and sentenced by the trial court to death. On appeal, the United States Air Force Court of Criminal Appeals upheld his convictions, but found evidence of ineffective assistance of trial counsel for failing to investigate some mitigating evidence. Though it found no prejudice, defendant’s sentence was reevaluated and changed to life without the possibility of parole, a reduction in grade, reprimand and dishonorable discharge. The instant court finds no error in the lower court’s findings. Affirmed.
Court: Court of Appeals for the Armed Forces, Judge: Sparks, Filed On: June 5, 2023, Case #: 22-0090, Categories: Ineffective Assistance, Murder, Sentencing