CAAF Opinion Digest · one opinion, every topic

U.S. v. Thomasson, 50 M.J. 179

Decided Apr 22, 1999 · No. 98-0758/NA · 1999 Term · Opinion (PDF)

Digested under 2 topics

Core Criminal Law Subjects: Crimes: Article 95 - Resistance, Flight, Breach of Arrest, and Escape Pre-2019 offenses

  1. in the National Defense Authorization Act for Fiscal Year 1996, Pub.L. No. 104-106, § 1112, 110 Stat. 461, Congress amended Article 95, UCMJ, to add the offense of “fleeing from apprehension”; prior thereto, mere flight from a law enforcement officer did not constitute the offense of resisting apprehension

Trial Stages: Merits: Guilty Pleas

  1. where mere flight from a law enforcement officer did not constitute the offense of resisting apprehension prior to the National Defense Authorization Act for Fiscal Year 1996, Pub.L. No. 104-106, § 1112, 110 Stat. 461, appellant’s guilty plea to resisting apprehension based on no act of resistance, but only on flight was improvident
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