Legal Opinion · Dissent

United States v. Blocker

United States Court of Military Appeals

Decided April 25, 1991No. 64,633; CM 8802049Published

1DissentEverett, Senior Judge

Reluctantly, I must dissent from both aspects of the majority opinion. Instead, I would set aside the guilty finding as to kidnapping and dismiss that Charge; and I would set aside the remaining findings, as well, and authorize a rehearing by a new panel of members.

I

The prosecution was required to prove that appellant had “willfully and wrongfully inveigle[d]” his victim in order to convict him of kidnapping. As the majority opinion correctly states, “ ‘Inveigle’ means to lure, lead astray, or entice by false representations or other deceitful means.” Para. 92c(1), Part IV, Manual for…

2Cases cited6 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. United States v. ThomasUnited States Court of Military Appeals · 1986
  3. United States v. SmartUnited States Court of Military Appeals · 1985
  4. United States v. MurphyUnited States Court of Military Appeals · 1988
  5. United States v. EberhardtU.S. Army Court of Military Review · 1987

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