U.S. v. Adams, 63 M.J. 223

Core Criminal Law Subjects: Crimes: Article 86 - Absence without Leave Pre-2019 offenses

1. (evidence of deliberate ignorance can suffice to meet the knowledge requirement of all Article 86, UCMJ, offenses;
2. an Article 86, UCMJ, violation for failure to go to an appointed place of duty requires proof of the following elements: (1) that a certain authority appointed a certain time and place of duty for the accused; (2) that the accused knew of that time and place; and (3) that the accused, without authority, failed to go to the appointed place of duty at the time prescribed; failure to go offenses require proof that the accused actually knew of the appointed time and place of duty; actual knowledge may be proved by circumstantial evidence
3. in cases where knowledge is an essential element, specific knowledge is not always necessary; rather, purposeful ignorance may suffice; for the government to raise deliberate ignorance, it must show some evidence from which it may be inferred that the accused was subjectively aware of a high probability of the existence of illegal conduct and that the accused purposefully contrived to avoid learning of the illegal conduct
4. knowledge may be inferred from evidence of deliberate avoidance in all Article 86, UCMJ, offenses; this knowledge requirement may be satisfied where evidence establishes that the accused was subjectively aware of a high probability of the existence of illegal conduct, and purposely contrived to avoid learning of the illegal conduct; in the context of a contested trial, the evidence must allow a rational juror to conclude beyond a reasonable doubt that the accused was aware of a high probability of the fact in dispute and consciously avoided confirming that fact; in the context of a guilty plea, the military judge must be satisfied that there is a factual basis that objectively supports each element of the offense
5. to the requirement of actual knowledge there is one strictly limited exception; the rule is that if an accused has his suspicion aroused but then deliberately omits to make further inquiries, because he wishes to remain in ignorance, he is deemed to have knowledge
6. deliberate avoidance can create the same criminal liability as actual knowledge for all Article 86, UCMJ, offenses
7. accused’s admission that he purposefully avoided finding his appointed place of duty by remaining in his barracks room was sufficient to support his guilty plea to a charge of failing to go to his appointed place of duty

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

1. when reviewing the providence of a guilty plea, an appellate court will only reject the plea where the record of trial shows a substantial basis in law and fact for questioning the plea