Legal Opinion
United States v. Miller
Court of Appeals for the Armed Forces
Decided December 3, 2008No. 08-0307/AFPublishedCited by 24 opinions
1Opinion of the Court
Judge RYAN
delivered the opinion of the Court.
This case presents the questions whether the United States Air Force Court of Criminal Appeals (CCA) was correct that the “nature of [an] appellant’s presence” is not germane to a charge of attempted indecent liberties with a child, Article 80, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 880 (2000), and whether the constructive presence presented by the facts of this case is legally sufficient to support Appellant’s conviction for attempted indecent liberties with a child. 1 We answer both questions in the negative and reverse. 2
I. Facts
A…
2Cases cited17 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- United States v. EberleCourt of Appeals for the Armed Forces · 1996
- United States v. McCollumCourt of Appeals for the Armed Forces · 2003
- United States v. MahoneyCourt of Appeals for the Armed Forces · 2003
- United States v. MillerCourt of Appeals for the Armed Forces · 1997
12 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- United States v. NeradCourt of Appeals for the Armed Forces · 2010
- United States v. MillerCourt of Appeals for the Armed Forces · 2009
- United States v. AliCourt of Appeals for the Armed Forces · 2012
- United States v. ReeseCourt of Appeals for the Armed Forces · 2017
- United States v. YammineCourt of Appeals for the Armed Forces · 2010
19 more not listed; retrieve them via the Exa API.