Legal Opinion
United States v. Neal
Navy-Marine Corps Court of Criminal Appeals
Decided March 31, 2009No. NMCCA 200800746PublishedCited by 8 opinions
1Opinion of the Court
*676PUBLISHED OPINION OF THE COURT
PRICE, Judge:
This case is before us on a Government interlocutory appeal, pursuant to Article 62, Uniform Code of Military Justice, 10 U.S.C. § 862. The Government contends the military judge erred as a matter of law and fact by dismissing the charge of aggravated sexual contact after concluding the affirmative defense of consent unconstitutionally shifts the burden of proof on an element of the offense to the accused. Record at 1023-24; see Arts. 120(e), (r), (t)(14), and (t)(16), UCMJ, 10 U.S.C. § 920(e), (r), (t)(14), and (t)(16).
After considering the record…
2Cases cited24 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Patterson v. New YorkSupreme Court of the United States · 1977
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Leland v. OregonSupreme Court of the United States · 1952
- Jones v. United StatesSupreme Court of the United States · 2000
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3Cited by8 opinions
- United States v. NealCourt of Appeals for the Armed Forces · 2010
- United States v. BookerNavy-Marine Corps Court of Criminal Appeals · 2013
- United States v. MedinaNavy-Marine Corps Court of Criminal Appeals · 2009
- United States v. CrotchettNavy-Marine Corps Court of Criminal Appeals · 2009
- United States v. CrotchettNavy-Marine Corps Court of Criminal Appeals · 2009
3 more not listed; retrieve them via the Exa API.