United States v. Capel
71 M.J. 314, 2012 CAAF LEXIS 560
This text of 71 M.J. 314 (United States v. Capel) 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.
Bluebook
United States v. Capel, 71 M.J. 314, 2012 CAAF LEXIS 560 (Ark. 2012).
Opinion
CCA S31819. Review granted on the following issue raised by appellate defense counsel:
I. WHETHER THE LOWER COURT MISAPPLIED UNITED STATES v. FOSLER AND UNITED STATES v. WATKINS IN FINDING THAT, DESPITE FAILING TO EXPRESSLY ALLEGE THE TERMINAL ELEMENT, THE ARTICLE 134 SPECIFICATION HERE STATES AN OFFENSE.
And the following issue specified by the Court:
II. WHETHER THE EVIDENCE IS LEGALLY SUFFICIENT TO SUSTAIN APPELLANT’S CONVICTION FOR MAKING A FALSE OFFICIAL STATEMENT, ARTICLE 107, UCMJ, UNDER THIS COURT’S DECISIONS IN UNITED STATES v. TEFFEAU, 58 M.J. 62 (C.A.A.F. 2002), AND UNITED STATES v. DAY, 66 M.J. 172 (C.A.A.F. 2008).
Briefs will be filed under Rule 25 on Issue II only.
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Related
United States v. Day
66 M.J. 172 (Court of Appeals for the Armed Forces, 2008)
United States v. Teffeau
58 M.J. 62 (Court of Appeals for the Armed Forces, 2003)
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Bluebook (online)
71 M.J. 314, 2012 CAAF LEXIS 560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-capel-armfor-2012.