U.S. v. McDaniels, 50 M.J. 407

Core Criminal Law Subjects: Crimes: Article 92 - Failure to Obey Order or Regulation Pre-2019 offenses

1. orders requiring the performance of military duties are presumed to be lawful when issued by superiors, but that order must relate to a military duty. See para. 14c(2)(a)(i) and (iii), Part IV, Manual for Courts-Martial, United States (1995 ed.)
2. an order which interferes with private rights is permissible where there is a valid military purpose; driving on base was a matter well within the scope of military authority, which includes protecting civilians from injury at the hands of military personnel
3. where appellant was diagnosed as suffering from narcolepsy, an order not to drive a POV had a valid military purpose and was neither overly broad nor an impermissible burden on appellant’s personal rights

Core Criminal Law Subjects: Burdens, Standards, Presumptions, Inferences: Trial Burdens, Standards › Lawfulness of orders/regulations

1. orders requiring the performance of military duties are presumed to be lawful when issued by superiors, but that order must relate to a military duty. See para. 14c(2)(a)(i) and (iii), Part IV, Manual for Courts-Martial, United States (1995 ed.)

Core Criminal Law Subjects: Burdens, Standards, Presumptions, Inferences: Trial Presumptions, Inferences

1. orders requiring the performance of military duties are presumed to be lawful when issued by superiors, but that order must relate to a military duty. See para. 14c(2)(a)(i) and (iii), Part IV, Manual for Courts-Martial, United States (1995 ed.)

Trial Stages: Pretrial: Charges and Specifications

1. specification alleging disobedience of lawful order stated an offense where appellant, who was diagnosed as suffering from narcolepsy, was ordered not to drive a POV; the order had a valid military purpose and was neither overly broad nor an impermissible burden on appellant’s personal rights