United States v. Mercier

75 M.J. 643 (2016)

From our private database of 46,000+ case briefs, written and edited by humans—never with AI.

United States v. Mercier

United States Coast Guard Court of Criminal Appeals
75 M.J. 643 (2016)

Facts

Mercier (defendant) was charged with several offenses, including one charge (specification six) of communicating indecent language to CM, a civilian woman. At Mercier’s Article 32 hearing, the United States government (plaintiff) did not present any direct evidence of Mercier’s alleged statements in support of specification six. The preliminary-hearing officer, finding that there was no probable cause to support the specification, recommended against referring it to a general court-martial. In his Article 34 advice to the convening authority, the staff judge advocate recommended the referral of specification six to a general court-martial in spite of the preliminary-hearing officer’s recommendation. In support of his advice, the staff judge advocate stated that CM was expected to testify at Mercier’s trial and that her expected testimony provided probable cause for the specification. The convening authority referred all charges, including specification six, to a general court-martial. At trial, the military judge granted Mercier’s motion to dismiss specification six, finding that the Article 34 advice was defective because it relied on CM’s expected trial testimony rather than on evidence presented at the Article 32 hearing. The government appealed.

Rule of Law

Issue

Holding and Reasoning (Judge, J.)

What to do next…

  1. 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 742,000 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
  2. 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 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,000 briefs, keyed to 986 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,000 briefs - keyed to 986 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership