In the NMCCA (Stratton)

January 27, 2012

NMCCA dismisses a conviction for consensual homosexual sodomy in United States v. Stratton.  It’s unpublished but worth the read.

Appellant was accused of forcible sodomy, but was convicted of consensual sodomy.  That means Lawrence and Marcum had to be discussed.  Read this case for the following:

  • 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.

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