Legal Opinion · Dissent

United States v. Williamson

Navy-Marine Corps Court of Criminal Appeals

Decided March 28, 1995No. NMCM 93 01991Published

1DissentWelch, Senior Judge

I disagree with the majority’s opinion that the appellant’s plea of guilty to committing an attempted assault must be rejected because the record does not establish that his acts went beyond mere preparation. In my opinion, we should affirm the findings and sentence approved below.

I. The Providence Inquiry

During the providence inquiry, the military judge listed the elements of the offense, then defined applicable legal terms. The second element included “you attempted to do bodily harm to Petty Officer Franklin [C]” and the third element included “you did so by going after him with two…

2Cases cited17 opinions

  1. McCarthy v. United StatesSupreme Court of the United States · 1969
  2. United States v. HastingSupreme Court of the United States · 1983
  3. United States v. CareUnited States Court of Military Appeals · 1969
  4. People v. DillonCalifornia Supreme Court · 1983
  5. United States v. PraterUnited States Court of Military Appeals · 1991

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