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United States v. Hayes
United States Court of Appeals for the Armed Forces
70 M.J. 454 (2012)
Thomas Hayes (defendant), a midshipman at the United States Naval Academy, was court-martialed for stealing equipment from the academy’s engineering lab and selling it on eBay. Hayes admitted guilt and was convicted of unauthorized selling of military property and larceny of military property, in violation of the Uniform Code of Military Justice. At presentencing, Hayes provided a statement explaining that he sold the equipment in order to support his mother, who at the time had been calling him daily seeking financial help and suggesting that she might take her own life. Hayes subsequently appealed to the United States Navy-Marine Corps Court of Criminal Appeals (NMCCA), arguing that the military judge erroneously failed to inquire into a potential duress defense raised by Hayes’s presentencing statement. The NMCCA set aside the conviction and remanded for rehearing. The government (plaintiff) appealed.
Rule of Law
Holding and Reasoning (Baker, C.J.)
Concurrence (Stucky, J.)
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