Legal Opinion
United States v. Phillips
Court of Appeals for the Armed Forces
Decided June 28, 2011No. 11-0148/MCPublishedCited by 43 opinions
1Opinion of the Court
Judge STUCKY delivered the opinion of the Court.
To establish a violation of clause 2 of Article 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 934 (2006), the government must prove beyond a reasonable doubt that (1) the accused engaged in certain conduct; and (2) that the conduct was of a nature to bring discredit upon the armed forces. We granted review to consider the necessary quantum of proof to establish the second element. We hold that evidence that the public was actually aware of the conduct is not necessarily required. Furthermore, proof of the conduct itself may be…
2Cases cited17 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- In Re WINSHIPSupreme Court of the United States · 1970
- Neder v. United StatesSupreme Court of the United States · 1999
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- Sullivan v. LouisianaSupreme Court of the United States · 1993
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3Cited by43 opinions
- United States v. HumphriesCourt of Appeals for the Armed Forces · 2012
- United States v. GoingsCourt of Appeals for the Armed Forces · 2013
- United States v. UriosteguiNavy-Marine Corps Court of Criminal Appeals · 2016
- United States v. NormanCourt of Appeals for the Armed Forces · 2015
- United States v. TuckerCourt of Appeals for the Armed Forces · 2017
38 more not listed; retrieve them via the Exa API.