While the decision isn’t yet on its website, CGCCA set aside a plea of guilty to consensual sodomy in this opinionUnited States v. Medina, No. 1325 (C.G. Ct. Crim. App. Nov. 7, 2012).

The court unanimously agreed that under United States v. Hartman, 69 M.J. 467 (C.A.A.F. 2011), the plea of guilty to consensual sodomy had to be set aside becuase the military judge didn’t adequately advise the accused about the zone of privacy recognized by Lawrence v. Texas and the Marcum factors that can overcome it in a military context.  The court split 2-1 on whether to order a new sentence hearing.  The majority opinion by Judge Duignan, joined by Chief Judge McClelland, remanded for a new sentence hearing.  In a separate opinion, Judge Havranek indicated he would have the court reassess the sentence rather than remand for a new sentencing hearing.

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