Legal Opinion

United States v. Private E1 STEVEN M. TUCKER

Army Court of Criminal Appeals

Decided October 28, 2016No. ARMY 20150634PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

CAMPANELLA, Senior Judge:

In this case, we explore whether the military judge erred in accepting the appellant’s plea to a general article violation for providing alcohol to a person under the age of twenty-one, premised upon the mens rea of negligence. Finding no error, we affirm. Because Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934 (2012) [hereinafter UCMJ], specifically criminalizes “disorders and neglects” that are prejudicial to good order and discipline or which tend to discredit the service, we find the Article 134, UCMJ, offense falls outside the…

2Cases cited8 opinions

  1. United States v. GrostefonUnited States Court of Military Appeals · 1982
  2. Elonis v. United StatesSupreme Court of the United States · 2015
  3. Carter v. United StatesSupreme Court of the United States · 2000
  4. United States v. InabinetteCourt of Appeals for the Armed Forces · 2008
  5. United States v. BivinsCourt of Appeals for the Armed Forces · 1998

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3Cited by2 opinions

  1. United States v. TuckerCourt of Appeals for the Armed Forces · 2017
  2. United States v. Private E1 STEVEN M. TUCKERArmy Court of Criminal Appeals · 2019

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