Legal Opinion

United States v. Talkington

Court of Appeals for the Armed Forces

Decided April 7, 2014No. 13-0601/AFPublishedCited by 17 opinions

1Opinion of the Court

Judge RYAN

delivered the opinion of the Court.

We granted Appellant’s petition to review the following issue:

WHETHER THE MILITARY JUDGE ERRED BY INSTRUCTING THE MEMBERS THAT CONSIDERATION OF SEX OFFENDER REGISTRATION IS “NOT A MATTER BEFORE THEM” AND “FRAUGHT WITH PROBLEMS.”

Sex offender registration is a collateral consequence of the conviction alone, not the sentence. While an accused may raise a collateral consequence in an unsworn statement, United States v. Rosato, 32 M.J. 93, 95-96 (C.M.A.1991), our precedent also makes clear that the military judge may instruct the members essentially to…

2Cases cited19 opinions

  1. Brady v. United StatesSupreme Court of the United States · 1970
  2. Padilla v. KentuckySupreme Court of the United States · 2010
  3. Chaidez v. United StatesSupreme Court of the United States · 2013
  4. United States v. DatavsCourt of Appeals for the Armed Forces · 2012
  5. United States v. GriffinUnited States Court of Military Appeals · 1988

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

3Cited by17 opinions

  1. United States v. ParkerUnited States Air Force Court of Criminal Appeals · 2014
  2. United States v. TalkingtonCourt of Appeals for the Armed Forces · 2014
  3. United States v. BessmertnyyUnited States Air Force Court of Criminal Appeals · 2019
  4. United States v. BjugstadUnited States Air Force Court of Criminal Appeals · 2015
  5. United States v. DanielsUnited States Air Force Court of Criminal Appeals · 2014

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

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