Friday, November 15, 2013

United States v. Robertson case brief

United States v. Robertson case brief summary
37 M.J. 432 (1993)


CASE SYNOPSIS
In a court-martial action, defendant sought review of a judgment from the Court of Military Review, which affirmed defendant's conviction of negligent homicide for the death of his son who died from anorexia and bulimia in violation of Article 119, Unif. Code Mil. Justice, 10 U.S.C.S. § 919.

CASE FACTS
Defendant was convicted of negligent homicide and of committing indecent acts with a child under the age of 16 years in violation of arts. 119, 134, Unif. Code Mil. Justice, 10 U.S.C.S. §§ 919, 934. The military review court only affirmed defendant's conviction of negligent homicide.

DISCUSSION
  • On appeal, the court found insufficient evidence and reversed defendant's conviction of negligent homicide. 
  • The court found insufficient proof that defendant's conduct was negligent in proximately causing his son to die from anorexia and bulimia. 
  • Defendant's approach to getting his son the continued medical treatment that he ultimately recognized was needed was to persuade his son, a strong minded person, who had demonstrated a willingness to physically fight defendant's efforts to get him to a doctor. 
  • The court found the evidence was such that a reasonable factfinder could not find beyond a reasonable doubt that defendant's approach to caring for his son was negligent.

CONCLUSION
In a court-martial action, the court reversed the military review court's judgment, and reversed appellant's conviction of negligent homicide, as there was insufficient evidence that he was negligent that caused his son to die from anorexia and bulimia.

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