Bodin v. McCloskey

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the issue on review was “whether a rational factfinder ... could find ... that appellant’s language constituted a threat as defined [in the first prong of the offense]”
• noting that the issue on review was “whether a rational factfinder … could find … that appellant’s language constituted a threat as defined [in the first prong of the offense]”
• holding appellant’s conditional threat to victim of “keep your mouth shut and you will make it through basic training just fine” was still a threat where there was no reason proffered at trial which would have pre- vented victim from discussing appellant’s misconduct with others
• holding appellant’s conditional threat to victim of “keep your d[*]mn mouth shut and [you] will make it through basic training just fine” was still a threat where there was no reason proffered at trial which would have prevented the victim from discussing appellant’s misconduct with others
• a threat is not negated when the condition imposed on the 16 United States v. Jones, No. ACM 39766 threat is reasonably possible of being fulfilled
• “Our only concern is whether a reasonable factfinder could conclude beyond a reasonable doubt that a reasonable person in the recipient’s place would perceive the contested statement by appellant to be a threat.” (Citations omitted)

Source: CourtListener parenthetical corpus (CC0).