United States v. Warren
United States Court of Military Appeals
13 M.J. 160 (1982)
- Written by Salina Kennedy, JD
Facts
Robert L. Warren, Jr. (defendant) was convicted by special court-martial of several charges including willfully disobeying the order of a superior commissioned officer in violation of Article 92 of the Uniform Code of Military Justice (UCMJ). The charges arose from his refusal to get out of bed and into the field. Sergeant Schnell, Warren’s acting platoon sergeant, told Warren to get up and when Warren did not respond, Schnell shook Warren’s foot and attempted to pull him out of his tent. Warren became irate and threatened Schnell. Lieutenant Ferriole, the platoon commander, took Warren aside and spoke to him, telling him that he wanted him to calm down, relax, and take it easy for a minute. Warren did not calm down. Instead, he threatened Ferriole and others. Warren’s conviction was for disobeying Ferriole’s lawful order to “settle down and be quiet.” The United States Navy Court of Military Review affirmed the conviction. Warren appealed, arguing that there was insufficient evidence to support his conviction because Ferriole’s statement urging him to calm down had not been an order.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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