U.S. v. Tucker, 76 M.J. 257

Core Criminal Law Subjects: Crimes: Article 134 - General Article Pre-2019 offenses

1. in Article 134, UCMJ, the term ‘neglects’ simply refers to the failure of a servicemember to perform an act that it was his or her duty to perform; stated differently, the term ‘neglects’ has no connection to the mens rea requirement that the government must prove under the statute; the word ‘neglect’ indicates, as a purely objective fact, that a person has not done that which it was his or her duty to do; it does not indicate the reason for this failure; a person can ‘neglect’ his or her duty either intentionally or negligently

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

1. as a first step in statutory construction, an appellate court is obligated to engage in a plain language analysis of the relevant statute

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

1. as a first step in statutory construction, an appellate court is obligated to engage in a plain language analysis of the relevant statute