Legal Opinion · Concurring in part, dissenting in part

United States v. Ayers

Court of Appeals for the Armed Forces

Decided September 11, 2000No. 99-0944/ARPublished

1Concurring in part, dissenting in partCrawford, Chief Judge

I concur in the result which the majority reaches with respect to Issues III, IV, and V. Additionally, I conclude that appellant has failed to carry his burden of showing any facts which, if true, demonstrate any actual or apparent unlawful command influence affecting his sentence.

As I read the facts and TH’s testimony differently than does the majority, I respect*96fully dissent from the reversal of appellant’s conviction for indecently assaulting TH on two occasions. The majority appears to equate TH with Ado Annie Carnes, the character in Rodgers and Hammerstein’s hit musical Oklahoma, who…

2Cases cited6 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. United States v. MaxwellCourt of Appeals for the Armed Forces · 1996
  3. United States v. TaylorUnited States Court of Military Appeals · 1988
  4. United States v. LeeCourt of Appeals for the Armed Forces · 1999
  5. United States v. ReistCourt of Appeals for the Armed Forces · 1999

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