United States v. Darrow

71 M.J. 164, 2012 CAAF LEXIS 218
CourtCourt of Appeals for the Armed Forces
DecidedFebruary 23, 2012
DocketNo. 11-0599/AR
StatusPublished

This text of 71 M.J. 164 (United States v. Darrow) 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. Darrow, 71 M.J. 164, 2012 CAAF LEXIS 218 (Ark. 2012).

Opinion

CCA 20100816. Review granted on the following issue:

WHEN THE GOVERNMENT FAILS TO ALLEGE AN ARTICLE 134 TERMINAL ELEMENT, THE CHARGE FAILS TO STATE AN OFFENSE UNLESS THE TERMINAL ELEMENT CAN BE “NECESSARILY IMPLIED” FROM THE LANGUAGE OF THE SPECIFICATION. THE MISSING TERMINAL ELEMENT FROM SPECIFICATION 1 OF THE CHARGE CANNOT BE NECESSARILY IMPLIED FROM THE TEXT. IS THE CHARGE FATALLY DEFECTIVE?

No briefs will be filed under Rule 25.

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Cite This Page — Counsel Stack

Bluebook (online)
71 M.J. 164, 2012 CAAF LEXIS 218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-darrow-armfor-2012.