Tuesday, April 14, 2009
CAAF issues decision distinguishing violation of a superior commissioned officer's order from violation of a lawful order
I'm under the gun tonight, so I'm not going to have a chance to comment on it. But here's a link to CAAF's opinion in United States v. Ranney, __ M.J. ___, No. 08-0596/AF (C.A.A.F. Apr. 14, 2009). CAAF splits 3-2 in ruling that the accused's act of driving after his license was revoked was a violation of a lawful order under Article 92 rather than violation of the traffic review officer's order in violation of Article 90. Judge Ryan wrote for the majority with Judges Stucky and Baker dissenting. The court ruled unanimously in rejecting a challenge to a conviction for violating a Marine gunny's order to Technical Sergeant Ranney--an Air Force E-6--not to engage in an unprofessional relationship with a female Marine E-3.