U.S. v. Serianne, 69 M.J. 8

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

1. the self-reporting requirement imposed on sailors by a Chief of Naval Operations instruction to notify their commanding officer of an arrest by civil authorities for an alcohol-related offense did not provide those sailors with the rights afforded by a superior competent authority in a self-reporting exclusion in Article 1137 of the US Navy Regulations, an exclusion that eliminates the reporting requirement in instances where a person is already criminally involved in offenses he would otherwise be required to report; as such, the instruction did not provide a legal basis for finding the accused derelict in the performance of a required duty when he failed to report an arrest for driving under the influence of alcohol, and the military judge did not err in dismissing the charge

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

1. an appellate court reviews both the constitutionality and interpretation of a service instruction under a de novo standard of review

Miscellaneous Matters: Statutes, Treaties, Regulations, Executive Orders, Directives, etc.: Regulations

1. the self-reporting requirement imposed on sailors by a Chief of Naval Operations instruction to notify their commanding officer of an arrest by civil authorities for an alcohol-related offense did not provide those sailors with the rights afforded by a superior competent authority in a self-reporting exclusion in Article 1137 of the US Navy Regulations, an exclusion that eliminates the reporting requirement in instances where a person is already criminally involved in offenses he would otherwise be required to report; as such, the instruction did not provide a legal basis for finding the accused derelict in the performance of a required duty when he failed to report an arrest for driving under the influence of alcohol, and the military judge did not err in dismissing the charge