"No. 22-0091/AF. U.S. v. Javon C. Richard. CCA 39918. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is granted on the following issue:
WHETHER THE EVIDENCE OF PREJUDICE TO GOOD ORDER AND DISCIPLINE FOR THE ARTICLE 134, UCMJ, OFFENSES WAS LEGALLY SUFFICIENT."
Comment: This is intriguing. Does anyone know what the conduct was?
Appellant contends the Government failed to prove that the charged possession, distribution, and production of child pornography were prejudicial to good order and discipline in the armed forces. He notes that conduct punishable as prejudicial to good order and discipline under Article 134, UCMJ, “is confined to cases in which the prejudice is reasonably direct and palpable.” MCM, pt. IV, ¶ 60.c.(2)(a); see also United States v. Cendejas, 62 M.J. 334, 340 (C.A.A.F. 2006). Appellant suggests his conduct had little or no “nexus with the military . . . at all” because those involved, other than him, were civilians.
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