NMCCA’s website lists an oral argument for 1400 next Sunday.
UPDATE: I’m advised that one of the counsel is a Reservist and the court is holding the argument at its courtroom on a Sunday to accommodate the Reservist’s schedule. BZ, NMCCA!
Sunday, 18 September 2011
United States v. Dominique
A military judge sitting as a general court-martial convicted the appellant, pursuant to his pleas, of an orders violation, false official statement, conspiracy to commit larceny, and of wrongful appropriation. The convening authority approved a sentence of 8 months confinement, reduction in rate to E-1, and a bad conduct discharge from the United States Marine Corps.
The specified issue before the Court is the following:
I. WHETHER AN ACCUSED MAY BE CONVICTED OF AN “IMPLICIT” CONSPIRACY WHERE THERE IS NO EVIDENCE OF EITHER A WRITTEN OR ORAL MEETING OF THE MINDS, BUT RATHER WHERE APPELLANT’S PARTICIPATION IN THE CONSPIRACY IS LIMITED TO KNOWLEDGE THAT HIS “CO-CONSPIRATORS” ARE BREAKING THE LAW AND HIS OMISSION OF ACTION IN PREVENTING THEIR ILLEGAL ACTIVITIES.