United States v. Bertolli
This text of 71 M.J. 400 (United States v. Bertolli) is published on Counsel Stack Legal Research, covering Court of Appeals for the Armed Forces primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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CCA S31875. On consideration of the petition for grant of review of the decision of the United States Air Force Court of [401]*401Criminal Appeals, it is ordered that said petition is hereby granted on the following issue:
WHETHER APPELLANT SUFFERED MATERIAL PREJUDICE TO A SUBSTANTIAL RIGHT AS A RESULT OF THE GOVERNMENT’S FAILURE TO ALLEGE THE TERMINAL ELEMENT OF ARTICLE 134, UCMJ, IN THE SPECIFICATION OF CHARGE II.
The decision of the United States Air Force Court of Criminal Appeals as to Charge II and its Specification, and the sentence is reversed. United States v. Humphries, 71 M.J. 209 (C.A.A.F. 2012). The decision of that court as to the remaining charge and specification is affirmed. The record of trial is returned to the Judge Advocate General of the Air Force for remand to that court for further reconsideration in light of Humphries. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]
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Cite This Page — Counsel Stack
71 M.J. 400, 2012 CAAF LEXIS 1054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bertolli-armfor-2012.