United States v. Conliffe
Court of Appeals for the Armed Forces
67 M.J. 127 (2009)
On two occasions, Mark R. Conliffe (defendant), a cadet at the United States Military Academy, broke into the locker room of an Academy women’s varsity sports team, hid a video camera, and secretly recorded members of the team as they entered and exited the showers. Conliffe also unlawfully entered the barracks room of a female cadet, hid a video camera, and secretly recorded her changing clothes. Conliffe entered guilty pleas to three specifications of housebreaking. The underlying offense for each housebreaking specification was Conliffe’s use of a device to surreptitiously record his victims, which was categorized as conduct unbecoming an officer and a gentleman. Before accepting Conliffe’s guilty pleas, the military judge conducted a providence inquiry. The judge described the elements of housebreaking to Conliffe and ensured that Conliffe admitted to unlawfully entering the properties. The judge then described the two elements of conduct unbecoming an officer and a gentleman and ensured that Conliffe believed that his actions constituted conduct unbecoming. After conducting the providence inquiry, the military judge accepted Conliffe’s guilty pleas, and the United States Army Court of Criminal Appeals affirmed. Conliffe appealed, arguing that his guilty pleas were improvident because the underlying offense for each housebreaking specification—conduct unbecoming an officer and a gentleman—was a purely military offense.
Rule of Law
Holding and Reasoning (Baker, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 711,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 711,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.