U.S. v. Izquierdo, 51 M.J. 421

Core Criminal Law Subjects: Crimes: Article 134 -- Indecent Acts with Another Pre-2019 offenses

1. fornication, committed openly and notoriously, is an aggravating circumstance sufficient to state an offense under Article 134, UCMJ
2. as an indecent act under Article 134, UCMJ, fornication is open and notorious, flagrant, and discrediting to the military service if committed in the actual presence of others, when the participants know that a third person is present, or under circumstances where it is reasonable likely that others will view the act
3. evidence was legally sufficient to show that fornication was open and notorious where, although appellant hung a sheet between beds, two of appellant’s roommates were present during the fornication and both were suspicious of the activity behind the sheet
4. evidence was not legally sufficient to show that fornication was open and notorious where intercourse took place behind closed barracks room door and nobody else was present in the room

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. the standard of review for legal sufficiency of the evidence is whether, considering the evidence in the light most favorable to the government, any rational trier of fact could have found all the essential elements of the crime beyond a reasonable doubt