Legal Opinion · Concurring in part, dissenting in part

United States v. Padgett

U S Coast Guard Court of Criminal Appeals

Decided December 19, 1996No. CGCMG 0107; Docket No. 1060Published

1Concurring in part, dissenting in partO’Hara, Judge

I disagree with the lead opinion’s conclusion that the order in Charge I is invalid under the circumstances.

The appellant, a 25-year old male at the time, had become involved with a 14-year old girl. The relationship had gone beyond being a platonic one. The girl’s mother made it very clear to the appellant’s commanding officer, via the duty officer, that she was opposed to the romantic relationship continuing. She had advised that “... if it continued, it’s going to be taken a lot further____” AE IV at p. 5. In response, appellant’s commanding officer advised him of the girl’s actual age and…

2Cases cited8 opinions

  1. Bowers v. HardwickSupreme Court of the United States · 1986
  2. United States v. WomackUnited States Court of Military Appeals · 1989
  3. United States v. HendersonUnited States Court of Military Appeals · 1992
  4. United States v. WineU S Air Force Court of Military Review · 1989
  5. United States v. HawkinsU S Air Force Court of Military Review · 1990

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