United States v. Tittel

53 M.J. 313 (2000)

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United States v. Tittel

United States Court of Appeals for the Armed Forces
53 M.J. 313 (2000)

Facts

Specialist Third Class Todd A. Tittel (defendant) was tried by general court-martial and convicted of shoplifting from the Navy Exchange in Sasebo, Japan. Four months later, Tittel was caught shoplifting from the Navy Exchange in Yokosuka, Japan. This incident prompted Captain William D. Lynch, Commanding Officer Fleet Activities, Yokosuka, Japan, to ban Tittel from all Navy Exchange facilities. After Tittel disobeyed Lynch’s order and again entered a Navy Exchange, he was tried by a special court-martial and convicted of willful disobedience of a superior officer and larceny. The court martial sentenced Tittel to 103 days’ confinement, forfeiture of pay, a reduction in pay grade, and a bad-conduct discharge from the Navy. Lynch, the convening authority, approved the sentence. The Court of Criminal Appeals affirmed the conviction, and Tittel appealed. On appeal, Tittel argued that Lynch had been the victim of Tittel’s willful disobedience, which rendered him unable to be neutral with regard to Tittel’s case and thus disqualified him as the convening authority for Tittel’s court-martial.

Rule of Law

Issue

Holding and Reasoning (Cox, J.)

Concurrence (Effron, J.)

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