No. 19-795

Paul D. Voorhees v. United States

Lower Court: Armed Forces
Docketed: 2019-12-20
Status: Denied
Type: Paid
Tags: conduct-unbecoming-an-officer criminal-prosecution criminal-statute due-process mens-rea military-justice negligence negligence-standard rehaif-v-united-states scienter sixth-amendment uniform-code-military-justice uniform-code-of-military-justice
Key Terms:
DueProcess FifthAmendment Privacy JusticiabilityDoctri
Latest Conference: 2020-03-27
Question Presented (AI Summary)

Does the mens rea principle apply to criminal prosecutions under the Uniform Code of Military Justice?

Question Presented (from Petition)

QUESTION PRESENTED In Elonis v. United States, 135 S.Ct. 2001 (2015), this Court reaffirmed a long-standing principle under both the Fifth Amendment’s Due Process Clause and the Sixth Amendment’s Informed Clause, that criminal statutes must contain a mens rea element—with the exception of strict liability offenses. Furthermore, as Elonis explains, a “defendant must be ‘blameworthy in mind’ before he can be found guilty” of any offence in order to differentiate between lawful and unlawful conduct. Id. at 2009. Where a criminal statute is silent about scienter, a court must “read into” a criminal charge a mens rea element in its jury instructions as Elonis and its antecedents held, and as refined in Rehaif v. United States, 139 S.Ct. 2191 (2019). Petitioner was convicted of five counts of violating 10 U.S.C. § 933, Article 133, Uniform Code of Military Justice, for “conduct unbecomirzg an officer.” The Question Presented is: Does this mens rea or scienter principle apply to criminal prosecutions under the Uniform Code of Military Justice, where the underlying statute at issue, 10 U.S.C. § 933, contains no mens rea element and the U.S. Court of Appeals for the Armed Forces held below that only a general intent was required using an objective, versus subjective standard, 1.e., negligence, and thus, no mens rea element need be instructed to the jury, even where the “conduct” alleged to be criminal, is facially non-criminal?

Docket Entries

2020-03-30
Petition DENIED.
2020-03-11
DISTRIBUTED for Conference of 3/27/2020.
2020-03-05
Reply of petitioner Paul Voorhees filed. (Distributed)
2020-02-20
Brief of respondent United States of America in opposition filed.
2020-01-15
Motion to extend the time to file a response is granted and the time is extended to and including February 20, 2020.
2020-01-14
Motion to extend the time to file a response from January 21, 2020 to February 20, 2020, submitted to The Clerk.
2019-12-20
Petition for a writ of certiorari filed. (Response due January 21, 2020)
2019-10-23
Application (19A441) granted by The Chief Justice extending the time to file until December 23, 2019.
2019-10-18
Application (19A441) to extend the time to file a petition for a writ of certiorari from November 6, 2019 to December 23, 2019, submitted to The Chief Justice.

Attorneys

Paul Voorhees
Donald G. Rehkopf Jr.Law Office of Donald G. Rehkopf, Jr., Petitioner
Donald G. Rehkopf Jr.Law Office of Donald G. Rehkopf, Jr., Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent