Legal Opinion · Concurrence

United States v. Robertson

United States Court of Military Appeals

Decided September 20, 1993No. 67,524; CMR No. 8902851Published

1ConcurrenceGierke, Judge

I agree with the principal opinion. I write separately only to articulate an additional rationale that led me to the conclusion that the evidence in this case is legally insufficient to support appellant’s conviction.

Appellant’s negligence was based on the allegation that he failed “to provide proper medical and/or psychiatric care” for his son from “on or about 20 April [the last time appellant’s 14 year-old son, Brad, was examined by a doctor] and continuing to 27 July 1988,” the date his son left appellant’s custody, such “failure” being the “proximate cause of” his son’s death. The…

2Cases cited11 opinions

  1. Greene v. Sibley, Lindsay & Curr Co.New York Court of Appeals · 1931
  2. Craig v. StateCourt of Appeals of Maryland · 1959
  3. United States v. ShambergerUnited States Court of Military Appeals · 1976
  4. United States v. GordonUnited States Court of Military Appeals · 1990
  5. Kane v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1902

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