Legal Opinion · Concurring in part, dissenting in part

United States v. Johanns

U S Air Force Court of Military Review

Decided October 26, 1983No. ACM 23699Published

1Concurring in part, dissenting in partMiller, Judge

In so far as the majority recognizes that no “custom of the service” exists in the United States Air Force which criminalizes “fraternization” (social intercourse) between officers and enlisted personnel, I concur. See the evidence I presented for this position in United States v. Rodriguez, ACM 23545, 29 October 1982 (unpublished).

In so far, however, as the majority concludes that the absence of such a criminally enforceable “custom" precludes prosecution of those associations between officers and enlisted personnel which any reasonably prudent officer should immediately recognize are…

2Cases cited186 opinions

  1. Hassett v. Revlon, Inc. (In Re O. P. M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1982
  2. In Re JablonskiUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
  3. Loftis v. Minar (In Re Montanino)United States Bankruptcy Court, D. New Jersey · 1981
  4. Johns-Manville Corp. v. Asbestos Litigation Group (In Re Johns-Manville Corp.)United States Bankruptcy Court, S.D. New York · 1983
  5. Unsecured Creditors' Committees of Pacific Express, Inc. v. Pioneer Commercial Funding Corp. (In Re Pacific Express, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986

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