Legal Opinion · Dissent

United States v. Bickley

Court of Appeals for the Armed Forces

Decided April 7, 1999No. 98-0036/ARPublished

1DissentSullivan, Judge

At the very least, the facts of this case show a soldier who did not intentionally violate an exceptionally convoluted post regulation, ie., Fort Stewart Regulation 190-2 (27 October 1995).1 Moreover, they also show a soldier who honestly and, in my view, reasonably believed that he was authorized by his battalion commander to keep the weapon (returned to him at 1:30 a.m.) in his locked barracks wall locker until the arms room opened at 9:00 a.m. See United States v. Little, 43 MJ 88, 91 (1995) (record reflects persistent belief that possession of work knife authorized). I strenuously…

2Cases cited7 opinions

  1. Staples v. United StatesSupreme Court of the United States · 1994
  2. United States v. PraterUnited States Court of Military Appeals · 1991
  3. United States v. OuthierCourt of Appeals for the Armed Forces · 1996
  4. United States v. CurtinUnited States Court of Military Appeals · 1958
  5. United States v. BruceUnited States Court of Military Appeals · 1982

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