NMCCA: US v. Wright (Jul 07)

17 July 2007, Navy-Marine Corps Court of Criminal Appeals released U.S. v. Wright, No. 200602491 (N.M.Ct.Crim.App. 17 Jul 2007). SPCM, military judge alone, guilty pleas, Arts 86, 87, 107, 121, 134. Sentence: 180 days, E-1, BCD. CCA rebuffs challenge to providency of pleas to communicating threats where the Appellant (1) told a doctor he would be treated badly by his unit once he arrived in Iraq with his unit, (2) told the doctor that “if provoked in any way [he would] just snap and lose it and just lose control” of himself, and (3) told the doctor he “would be provoked once reunited with his command and believed that he would then injure his commanding officer, sergeant major, gunnery and staff sergeant by ‘beating them to a pulp with his E-tool shovel.'” The Court set aside the 134 plea, holding: “threatening statements (1) uttered in the context of an exchange of information with medical personnel, (2) which expresses the declarant’s current mental state of distress, and (3) which are uttered for the purpose of obtaining medical evaluation and treatment are not wrongful and do not constitute communicating a threat under Article 134, UCMJ.”

HL

Advertisements

Leave a comment

Filed under Appellate Law, Criminal Law, Military Justice, Military Law

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s