United States v. Orellana
United States Navy-Marine Corps Court of Criminal Appeals
62 M.J. 595 (2005)
- Written by Salina Kennedy, JD
Facts
Corporal Angel M. Orellana (defendant), a married, noncommissioned Marine Corps officer, had sexual intercourse with Ms. E, a civilian who was not his wife, on several occasions. The encounters between Orellana and Ms. E took place in Orellana’s military quarters when his wife and children were out of town. Orellana admitted that his conduct was service discrediting because knowledge of his actions was likely to tarnish civilians’ opinions about the Marine Corps. Orellana was convicted of adultery pursuant to a plea agreement. The convening authority approved the conviction, and the case was sent to the United States Navy-Marine Corps Court of Criminal Appeals pursuant to Article 66 of the Uniform Code of Military Justice (UCMJ). On appeal, Orellana argued that the conviction violated his constitutional right to privacy.
Rule of Law
Issue
Holding and Reasoning (Diaz, J.)
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