U.S. v. Najera, 52 M.J. 247

Core Criminal Law Subjects: Crimes: Article 89 - Disrespect Toward a Superior Commissioned Officer Pre-2019 offenses › Toward a superior commissioned officer

1. Article 89, UCMJ, makes no distinction between disrespect in language or deportment, and all the circumstances of a case can be considered in determining whether disrespectful behavior in violation of Article 89 has occurred; prosecution may show that language was disrespectful under all the circumstances, including demeanor and deportment
2. the context and manner in which words were spoken may be considered by a reviewing court even though the appellant was charged only with being disrespectful in language, and not in language and deportment

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

1. legal sufficiency of the evidence is reviewed de novo to determine whether after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt
2. in reviewing conflicting testimony under the standard for legal sufficiency, where a court-martial chooses to believe the government’s evidence rather than that of the defense, if there is any substantial evidence in the record to support a conviction, an appellate court will not set aside the verdict in the absence of other error