Legal Opinion

United States v. Lubasky

Court of Appeals for the Armed Forces

Decided January 20, 2010No. 09-0043/ARPublishedCited by 36 opinions

1Opinion of the Court

Judge RYAN

delivered the opinion of the Court.

This case presents two questions: (1) whether the unauthorized use of another’s credit and debit cards can constitute a larceny against that person under Article 121, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 921 (2006); and (2) if not, whether we may nonetheless affirm such a conviction if there is sufficient evidence that the accused committed a larceny of someone’s property. 1 First, we agree with Appellant that the credit card transactions constituted larceny against someone other than Mary Shirley, the owner of the cards. However,…

2Cases cited11 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Schmuck v. United StatesSupreme Court of the United States · 1989
  3. United States v. MedinaCourt of Appeals for the Armed Forces · 2008
  4. United States v. TeffeauCourt of Appeals for the Armed Forces · 2003
  5. United States v. AntonelliUnited States Court of Military Appeals · 1992

6 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. United States v. GayUnited States Air Force Court of Criminal Appeals · 2015
  2. United States v. GaskinsCourt of Appeals for the Armed Forces · 2013
  3. United States v. McMurrinCourt of Appeals for the Armed Forces · 2011
  4. United States v. MortonCourt of Appeals for the Armed Forces · 2010
  5. United States v. Cimball SharptonCourt of Appeals for the Armed Forces · 2014

31 more not listed; retrieve them via the Exa API.

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