"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? AFCCA decision. 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.
4 Comments
former TC
3/1/2022 06:40:23 pm
Production, possession, and distribution of CP.
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Brenner Fissell
3/1/2022 08:53:52 pm
Seems like it may have been granted to resolve the issue on p. 8.
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Tami a/k/a Princess Leia
3/1/2022 09:13:20 pm
20-year-old servicemember has sexual relationship with 16-year-old German national. Why wasn't it charged as service-discrediting?
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3/2/2022 09:41:20 am
Agreed.
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