Category Archives: UCMJ

United States v. Hoffman, 2014 WL 6997856 (N.M.Ct.Crim.App.) 11 December, 2014

Facts: AL, a thirteen year old boy reported that while he was walking home alone a Male in an SUV approached him making gestures consistent with fellatio.  After doing this several times, the male asked if AL wanted a ride.  … Continue reading

Posted in Probable Cause, Rules of Evidence, Search Warrant, Suppression, UCMJ | Leave a comment

United States v. Specialist Curtis Lacefield, 2014 WL 642950 (Army Ct.Crim.App.), February 2014

Facts:  Appellant was performing a duty with another Soldier.  Appellant allowed the other Soldier to use his external hard drive to find a movie to watch.  Appellant left the area for a while.  During his absence, the other Soldier found … Continue reading

Posted in Charging Document, Defenses, Rules of Evidence, Sentencing, Technology, UCMJ | Leave a comment

United States v. Airman First Class McIntyre, 2014 WL 487093 (A.F.Ct.Crim.App.)) January 2014

This case came before the Air Force Court of Criminal Appeals (AFCCA) via interlocutory appeal (Article 62, UCMJ) by the Government.  The basis of the appeal stems from the trial judge’s ruling to suppress all oral and written statements by … Continue reading

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United States v. Private Gary D. Warner, 73 M.J. 1, Court of Appeals for the Armed Forces, December, 2013

Private Warner was charged with possession of child pornography, obstruction of justice, and possession of (essentially) child erotica.  This last Charge (Specification, in military speak) is the subject of the appeal.  For non-military prosecutors, a quick overview of the charging … Continue reading

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United States v. Senior Airman Piolunek, 2013 WL 5878614 (A.F.Ct.Crim.App.) October 2013

Senior Airman Piolunek was convicted by a military jury contrary to his pleas, of: possession and receipt of visual depictions of a minor engaging in sexually explicit conduct, enticing a minor to send sexually explicit images, and communicating indecent language … Continue reading

Posted in Child Erotica v. Pornography, Defenses, UCMJ | Leave a comment