United States v. Dellarosa

The facts of this case as I see them, persuade me to disagree with that part of my Brothers’ decision to set aside and dismiss the findings of guilty of Charge II and its specification, and accordingly to modify the sentence. The record of trial convinces me the appellant willfully disobeyed his superior commissioned officer.

The commander ordered appellant to get into his uniform and report to his duty station. The commander testified:

He did not answer me. He sat on the bed and simply stared at me without gesture, without any kind of response, just looking at me ... I waited for what I felt…