Legal Opinion

United States v. Spence

U S Air Force Court of Military Review

Decided September 28, 1989No. ACM 27609PublishedCited by 11 opinions

1Opinion of the Court

DECISION

KASTL, Senior Judge:

This is a court-martial case involving an accused who referred himself for child abuse. In view of the unique circumstances, we find that the appellant gained from Government officials over an eight month period a reasonable expectation that successfully completing a program of therapy would rule out a court-martial for his conduct.1 Accordingly, we reverse his convic*631tion for committing indecent acts with a child under Article 134, UCMJ, 10 U.S.C. § 934.

I

Self-Referral by the Appellant

The stipulation of fact entered into by the parties is an excellent and detailed…

2Cases cited16 opinions

  1. Harris v. New YorkSupreme Court of the United States · 1971
  2. Oregon v. ElstadSupreme Court of the United States · 1985
  3. United States v. KozakUnited States Court of Military Appeals · 1982
  4. United States v. QuillenUnited States Court of Military Appeals · 1988
  5. Shepardson v. RobertsUnited States Court of Military Appeals · 1983

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3Cited by11 opinions

  1. United States v. KimbleUnited States Court of Military Appeals · 1991
  2. United States v. MartindaleU.S. Navy-Marine Corps Court of Military Review · 1993
  3. United States v. SandersU.S. Navy-Marine Corps Court of Military Review · 1991
  4. United States v. CorcoranUnited States Court of Military Appeals · 1994
  5. United States v. ChickU S Air Force Court of Military Review · 1990

6 more not listed; retrieve them via the Exa API.

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