Legal Opinion
United States v. Dunning
U.S. Navy-Marine Corps Court of Military Review
Decided May 27, 1994No. NMCM 92 01273PublishedCited by 6 opinions
1Opinion of the Court
DeCICCO, Judge:
In this case, we hold that the appellant’s guilty pleas to rape and forcible sodomy with his 8- and 9-year-old stepdaughters were improvident due to an inadequate providence inquiry by the military judge. We conclude that the record does not contain an adequate factual basis for the element of force in the challenged specifications. This determination requires corrective action on the findings and sentence.
The appellant pled guilty to raping his stepdaughter [E], to committing forcible sodomy with both [E] and his other stepdaughter [K], both minor females, and to committing…
2Cases cited18 opinions
- United States v. SalesUnited States Court of Military Appeals · 1986
- United States v. CareUnited States Court of Military Appeals · 1969
- United States v. PraterUnited States Court of Military Appeals · 1991
- United States v. DavenportUnited States Court of Military Appeals · 1980
- Weiss v. United StatesSupreme Court of the United States · 1994
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3Cited by6 opinions
- United States v. ThomasArmy Court of Criminal Appeals · 1997
- United States v. AllisonU S Coast Guard Court of Criminal Appeals · 2001
- United States v. FreitasNavy-Marine Corps Court of Criminal Appeals · 2004
- United States v. OuthierNavy-Marine Corps Court of Criminal Appeals · 1995
- United States v. AllisonU S Coast Guard Court of Criminal Appeals · 2001
1 more not listed; retrieve them via the Exa API.