United States v. Roa

20 M.J. 867
CourtU S Air Force Court of Military Review
DecidedJuly 18, 1985
DocketACM 24730
StatusPublished
Cited by9 cases

This text of 20 M.J. 867 (United States v. Roa) is published on Counsel Stack Legal Research, covering U S Air Force Court of Military Review primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Roa, 20 M.J. 867 (usafctmilrev 1985).

Opinion

DECISION

HODGSON, Chief Judge:

Following mixed pleas, the appellant was convicted in a bench trial of burglary, larceny, housebreaking, making a false oath and multiple derelictions of duty in violation of Articles 129, 121, 134 and 92, U.C. M.J., 10 U.S.C.A. The approved sentence extends to a dishonorable discharge, confinement for four years, forfeiture of $397.00 per month for 48 months and reduction to airman basic. Appellate defense counsel have asserted five errors. While none require remedial action, an extended discussion of some is warranted.

I

The appellant, citing O'Callahan v. Parker, 395 U.S. 258, 89 S.Ct. 1683, 23 L.Ed.2d 291 (1969) and Relford v. Commandant, 401 U.S. 355, 91 S.Ct. 649, 28 L.Ed.2d 102 (1971), contends that his off-base offenses, i.e., burglary and larceny involving two Air Force officers assigned to his squadron, lacked the required “service-connection” to give the military jurisdiction.

O’Callahan, supra, the most restrictive of the Supreme Court’s decisions on jurisdiction over off-base offenses, was decided in 1969. Since that time, the term “service-connection” has been the subject of varying interpretations. In Relford v. Commandant, supra, the Supreme Court identified 12 considerations for determining “service-connection,” but pointedly withheld judgment that they were all-inclusive. The reason for their unwillingness to go farther became apparent in Schlesinger v. Councilman, 420 U.S. 738, 95 S.Ct. 1300, 43 L.Ed.2d 591 (1975), when the Court, expressing a belief that the military courts should have the freedom to determine for the military services the limits of service connection, stated:

[The issue of service connection] turns in part on gauging the impact of an offense on military discipline and effectiveness, on determining whether the military interest in deterring the offense is distinct from and greater than that of civilian society and on whether the distinct military interest can be vindicated adequately in civilian courts. These are matters of judgment that often will turn on the precise set of facts in which the offense has occurred. More importantly, they are matters as to which the expertise of military courts is singularly relevant, and their judgments indispensible to inform any eventual review in Art. Ill courts. (Emphasis supplied)

At page 760, 95 S.Ct. at page 1314.

The Court of Military Appeals has accepted that apparent mandate by significantly expanding jurisdiction over off-base drug offenses. Murray v. Haldeman, 16 M.J. 74 (C.M.A.1983); United States v. Trottier, 9 M.J. 337 (C.M.A.1980). Further, in United States v. Lockwood, 15 M.J. 1, 10 (C.M.A.1983), the Court observed that:

[T]he criteria for service connection should be reexamined periodically in light of changes in the conditions under which the Armed Services perform their assigned missions and the accompanying changes in the impact of off-post crimes upon their ability to accomplish their missions.

The Court also stated in Lockwood that “the conduct of service members which takes place outside a military enclave is service connected and subject to trial by court-martial if it has a significant effect within that enclave.” Whether a service connection exists is a factual determination. United States v. Shorte, 18 M.J. 518 (A.F.C.M.R.1984), pet. granted 19 M.J. 120 (C.M.A.1984).

In the case sub judice, the appellant was a member of a ring that burglarized the off-base quarters of officers assigned to his unit. A key member of the ring was an [869]*869Air Force captain whose access to a duty roster insured that no one would be home when they broke in. Thus, the military status of one of the appellant’s accomplices provided meaningful assistance in the commission of the offenses. While not conclusive, the military status of the parties involved is a factor to consider when ascertaining jurisdiction. United States v. Shorte, supra. Further, it is apparent that the interest the military has in the prosecution of this case is far greater than that of the civilian community.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Caylor
40 M.J. 786 (U S Air Force Court of Military Review, 1994)
United States v. Roa
24 M.J. 297 (United States Court of Military Appeals, 1987)
United States v. Groh
24 M.J. 767 (U S Air Force Court of Military Review, 1987)
United States v. Holliday
24 M.J. 686 (U.S. Army Court of Military Review, 1987)
United States v. Repp
23 M.J. 589 (U S Air Force Court of Military Review, 1986)
United States v. Solorio
21 M.J. 482 (U S Coast Guard Court of Military Review, 1985)
United States v. Griffin
21 M.J. 471 (U S Air Force Court of Military Review, 1985)
United States v. Herring
20 M.J. 1002 (U S Air Force Court of Military Review, 1985)
United States v. Benedict
20 M.J. 939 (U S Air Force Court of Military Review, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
20 M.J. 867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-roa-usafctmilrev-1985.