Legal Opinion
United States v. Wilcox
Court of Appeals for the Armed Forces
Decided July 15, 2008No. 05-0159/ARPublishedCited by 32 opinions
1Opinion of the CourtRyan, Judge
The issue before us is whether the evidence adduced at trial demonstrated that Appellant’s statements on government, race, and religion were made under circumstances legally sufficient to criminalize his conduct under Article 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 934 (2000).1 Under the specific circumstances of this ease, we hold that the evidence presented by the Government was insufficient as a matter of law to meet the element of either service discrediting behavior or conduct prejudicial to good order and discipline under Article 134, UCMJ.2
I. Background
Appellant’s…
2Cases cited27 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- In Re WINSHIPSupreme Court of the United States · 1970
- Roth v. United StatesSupreme Court of the United States · 1957
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Chaplinsky v. New HampshireSupreme Court of the United States · 1942
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3Cited by32 opinions
- United States v. GirouardCourt of Appeals for the Armed Forces · 2011
- United States v. MillerCourt of Appeals for the Armed Forces · 2009
- United States v. GoingsCourt of Appeals for the Armed Forces · 2013
- United States v. McMurrinCourt of Appeals for the Armed Forces · 2011
- United States v. RapertCourt of Appeals for the Armed Forces · 2016
27 more not listed; retrieve them via the Exa API.