Thursday, January 25, 2007

New published AFCCA opinion

The Air Force Court's web site continues with its new same-day service policy. The site now includes today's published opinion in United States v. Cucuzzella, __ M.J. ___, No. ACM 36280 (25 Jan. 2007).

Cucuzzella involves what strikes me as a rare fact pattern: a servicemember's conviction for rape of his own wife. Such an outcome wouldn't have even been possible until the 1992 amendment of Article 120, which eliminated the requirement that a rape victim not be the wife of the accused.

The issues in Cucuzzella concern the admissibility of the victim wife's hearsay statements to a registered nurse who worked for the Family Advocacy program and whether Airman Cucuzzella's confession was sufficiently corroborated. Held: admissible and yes.

No comments: