Legal Opinion
United States v. Ferguson
U.S. Navy-Marine Corps Court of Military Review
Decided May 5, 1994No. NMCM 92 1157PublishedCited by 10 opinions
1Opinion of the Court
MOLLISON, Senior Judge:
The principal issues of this appeal from a special court-martial conviction concern the mens rea required for the offense of dereliction of duty and whether an accused may receive enhanced punishment for willful dereliction of duty when he is only charged with having constructive knowledge of the duty. On the issue of mens rea we hold that the offense of dereliction of duty requires proof that the accused knew or reasonably should have known of the duty of which he was allegedly derelict and that the accused failed to discharge that duty as a result of simple…
2Cases cited63 opinions
- Morissette v. United StatesSupreme Court of the United States · 1952
- Parker v. LevySupreme Court of the United States · 1974
- Spies v. United StatesSupreme Court of the United States · 1943
- United States v. United States Gypsum Co.Supreme Court of the United States · 1978
- Dennis v. United StatesSupreme Court of the United States · 1951
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3Cited by10 opinions
- United States v. Flores-GalarzaU.S. Navy-Marine Corps Court of Military Review · 1994
- United States v. DingerNavy-Marine Corps Court of Criminal Appeals · 2017
- United States v. ZacharyArmy Court of Criminal Appeals · 2005
- United States v. StevensonNavy-Marine Corps Court of Criminal Appeals · 1999
- United States v. SojferNavy-Marine Corps Court of Criminal Appeals · 1996
5 more not listed; retrieve them via the Exa API.