Lawwly

United States v. Binegar

United States Court of Appeals for the Armed Forces

55 M.J. 1 (2001)

Relevant factsFree

Binegar (defendant), responsible for ordering contact lenses through his military logistics office, repeatedly received incorrect entitlement information from superiors and was never told he was processing orders improperly; he was convicted of stealing and conspiring to steal contact lenses, and the military judge instructed the jury that his mistake-of-fact defense required the mistake to be both honest and reasonable, which the court of criminal appeals affirmed; Binegar appealed, arguing only honesty should be required for this specific-intent offense.

IssueFree

Whether, for a specific-intent crime, it is reversible error to require that the mistake supporting a mistake-of-fact defense be both honest and reasonable.

Unlock the full brief

Free accounts read 20 full briefs. No card required.