Couverture de 083 United States v. Moore

083 United States v. Moore

083 United States v. Moore

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Is it a universally millennial experience, learning to set boundaries? I still have a lot to learn about the details of boundary setting, but I think people exposed to the law might have a bit of a leg up. We've seen the power of a clear, bright line rule such as, "people born in the United States are citizens by right of their birth." We've also seen the dangers of an unclear rule, like, "jurisdiction over a business is anywhere where they might be considered at home." That sparks a lot of follow up questions.

This episode dives into the kind of clarification that unclear controlling precedent necessitated. I'll leave you to decide whether you think the rule is good, bad, or unclear.

This episode involved discussion of sexual assault. There are a number of resources available for survivors and victim of sexual assault, including the Rape, Abuse & Incest National Network (RAINN). They offer a free, confidential national sexual assault hotline at 800-656-HOPE as well as an online chat option. The victims of the assault were children. If you suspect child abuse, please call the Childhelp National Child Abuse Hotline at 1-800-4-A-CHILD (1-800-422-4453) or go to www.childhelp.org. All calls are toll free and confidential. The hotline is available 24/7 in more than 170 languages.

I relied on a series of briefs and opinions for each accused in writing this episode:

  • Moore: CAAF opinion, AFCCA opinion
  • Hennessy: CAAF opinion, AFCCA opinion, brief, motion for reconsideration
  • Serjak: CAAF opinion, AFCCA opinion, government brief, Serjak's brief

Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you hit play today. I'm happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!

Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it's obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense or whatever name they go by socially now. I am not a military JAG and have never been a military JAG. While I'm a practicing attorney, I don't do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.

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