United States v. Gaskins

71 M.J. 448, 2012 WL 7148855, 2012 CAAF LEXIS 1160
CourtCourt of Appeals for the Armed Forces
DecidedOctober 23, 2012
DocketNo. 13-0016/AR
StatusPublished
Cited by2 cases

This text of 71 M.J. 448 (United States v. Gaskins) 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. Gaskins, 71 M.J. 448, 2012 WL 7148855, 2012 CAAF LEXIS 1160 (Ark. 2012).

Opinion

CCA 20080132. Review granted on the following issues:

I. WHETHER THE GOVERNMENT’S LOSS OF A SENTENCING EXHIBIT RENDERED THE RECORD OF TRIAL INCOMPLETE UNDER ARTICLE 54, UCMJ, RESULTING IN A JURISDICTIONAL LIMITATION ON THE SENTENCE TO ONE NO GREATER THAN THAT WHICH COULD BE APPROVED FOR A NON-VERBATIM RECORD.
II. WHETHER APPELLANT WAIVED THE FAILURE TO PLEAD THE TERMINAL ELEMENT OF THE ARTICLE 134 OFFENSES BY HIS FAILURE TO RAISE THAT ISSUE AT THE SENTENCE REHEARING, AND IF NOT, WHETHER THOSE CHARGES SHOULD BE DIS[449]*449MISSED BECAUSE THE GOVERNMENT FAILED TO PLEAD THE TERMINAL ELEMENT.

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Related

United States v. Gaskins
72 M.J. 225 (Court of Appeals for the Armed Forces, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
71 M.J. 448, 2012 WL 7148855, 2012 CAAF LEXIS 1160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-gaskins-armfor-2012.