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Legal Opinion

United States v. DiPaola

Court of Appeals for the Armed Forces

Decided December 18, 2008No. 08-0200/NAPublishedCited by 19 opinions

1Opinion of the Court

Judge ERDMANN

delivered the opinion of the court.

A panel of officer and enlisted members found Culinary Specialist Petty Officer Third Class Michael C. DiPaola guilty of one specification of making a false official statement and two specifications of indecent assault in violation of Articles 107 and 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 907 and 934 (2000).1

If the record contains “some evidence” of the affirmative defense of mistake of fact “to which the military jury may attach credit if it so desires,” the military judge is required to instruct the panel on that…

2Cases cited11 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Neder v. United StatesSupreme Court of the United States · 1999
  3. United States v. TaylorUnited States Court of Military Appeals · 1988
  4. United States v. McDonaldCourt of Appeals for the Armed Forces · 2002
  5. United States v. LewisCourt of Appeals for the Armed Forces · 2007

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

3Cited by19 opinions

  1. United States v. Specialist JOSHUA D. CHANDLERArmy Court of Criminal Appeals · 2015
  2. United States v. KillionCourt of Appeals for the Armed Forces · 2016
  3. United States v. MedinaNavy-Marine Corps Court of Criminal Appeals · 2009
  4. United States v. Sergeant First Class ALAN D. ESLINGERArmy Court of Criminal Appeals · 2010
  5. United States v. GurneyUnited States Air Force Court of Criminal Appeals · 2014

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

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