NMCCA dismisses a conviction for consensual homosexual sodomy in United States v. Stratton. It’s unpublished but worth the read.
- A discussion and reiteration of a “private” location is . . . The discussion may be fruitful beyond an Article 125 case.
- A discussion of and that “the military judge’s ruling that the general disruption to the unit [of the investigation of the charges] implicated the third Marcum prong is untenable (emphasis added).
- When a TC proffers something to the court, double-tap that for accuracy, and vice-versa.
- Broad talismanic incantations are as unhelpful in analyzing Marcum factors as they are in Mil. R. Evid. 404(b), situations.