After a contested trial before a general court-martial composed of officer members, the appellant in United States v. Mitchell, No. 20130033 (A. Ct. Crim. App. Oct. 31, 2014) (link to slip op.), was convicted of a number of offenses. Among those convictions was one for wrongful receipt of stolen property of a value of over $500, in violation of Article 134. The specification alleged that the appellant wrongfully received a long list of items stolen from numerous identified individuals.
But Judge Penland, writing for a three-judge panel of the Army CCA, notes that:
The officer panel in this case returned a verdict of guilty to this specification, without exception. However, there was no direct or circumstantial evidence of the following at trial: that appellant received any stolen property belonging to SPC SS, Mrs. KR, or Mrs. JL; that appellant received a stolen Nintendo 3DS and more than two stolen necklaces belonging to Mrs. ET; or that appellant received a Nintendo DS and more than three stolen Nintendo DS video games belonging to LTC PF. The findings of guilty to these portions of Specification 1 of Charge II are wholly unsupported by the evidence and thus legally insufficient. We are left to wonder how the guilty verdict of this specification in its entirety withstood the scrutiny of the military judge, staff judge advocate, and convening authority during post-trial processing.
Slip op. at 2.