Legal Opinion · Concurrence

United States v. Carson

Court of Appeals for the Armed Forces

Decided September 30, 2002No. 01-0760/ARPublished

1ConcurrenceSullivan, Senior Judge

Appellant was found guilty of maltreatment under Article 93, Uniform Code of Military Justice (UCMJ), 10 USC § 893, for “exposing his penis” to a female military subordinate, Private (PVT) G. The assigned issue in this case asks whether the Army Court of Criminal Appeals erred when it affirmed appellant’s conviction for such maltreatment, “when there was no evidence to show that appellant’s actions caused the alleged victim any physical or mental pain or suffering.” I would affirm appellant’s conviction for maltreatment because there was uncontested evidence in this case from which the…

2Cases cited12 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Parker v. LevySupreme Court of the United States · 1974
  3. Bouie v. City of ColumbiaSupreme Court of the United States · 1964
  4. United States v. TurnerUnited States Court of Military Appeals · 1987
  5. Eugene Williams Gall, Jr. v. Phil Parker, WardenCourt of Appeals for the Sixth Circuit · 2000

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