Taylor's GP case is back after correcting for post-trial errors. He had pled guilty to five specifications of conduct unbecoming and was sentenced to 60 days, $1.5K x 3, a Dismissal, and a reprimand. His issues now are,
(2) Provident GP?
(3) Inappropriately severe sentence.
Note. Whether a court-martial conviction is for a felony or a misdemeanor is based on how a state interprets the court-martial offense of which convicted not what the forum was. In some states, a special court-martial conviction for theft over $1000.00 is a felony even though the forum was a SPCM, for example. Generally, the state courts looks to see if there is an "equal" or similar charge under their law and how that is classified. The charges here would not likely be considered a felony based on a reading of the opinion--what state classifies adultery (assuming that is still on the books) as a felony? What state classifies "fraternization" with a co-worker as a crime and a felony?
Disclaimer: Posts are the authors' personal opinions and do not reflect the position of any organization or government agency.
-Current Term Opinions
Joint R. App. Pro.
Army Crim. L. Deskbook