On Tuesday, the Judge Advocate General of the Coast Guard certified this issue to CAAF:

WHETHER THE COAST GUARD COURT OF CRIMINAL APPEALS ERRED BY APPLYING THE PROVIDENCY REQUIREMENTS OF HARTMAN IN A CASE WHERE THE FACTS ELICITED DURING THE PROVIDENCY INQUIRY REVEALED THAT THE SEXUAL ACTIVITY FELL OUTSIDE OF THE CONSTITUTIONAL PROTECTIONS BOUNDED BY LAWRENCE v. TEXAS BECAUSE IT INVOLVED A SLEEPING VICTIM.

United States v . Whitaker, __ M.J. __, No. 13-5004/CG (C.A.A.F. Feb. 5, 2013).  CGCCA’s unpublished decision in the case is available here.

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