Legal Opinion · Concurrence

United States v. Phillips

United States Air Force Court of Criminal Appeals

Decided August 16, 2000No. ACM 33730Published

1ConcurrenceYoung, Chief Judge

I concur. I write only to suggest the Court of Appeals for the Armed Forces (CAAF) re-examine the three-part standard it established in United States v. Campbell, 50 M.J. 154, 160 (1999) (Campbell I), supplemented on reconsideration, 52 M.J. 386, 388 (2000) (Campbell II).

The appellant was charged with wrongfully using cocaine. Although some trial judges continue to instruct on the four elements listed in the Military Judges’ Benchbook, it is clear there are only two elements to this offense:(1) That the appellant used a controlled substance; and(2) That his use was wrongful.

See Campbell II,…

2Cases cited24 opinions

Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
National Treasury Employees Union v. Von RaabSupreme Court of the United States · 1989
Melissa Hines, on Behalf of Her Minor Daughter, Amber Sevier v. Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1991
United States v. Randolph JakobetzCourt of Appeals for the Second Circuit · 1992

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