United States v. Nealy
70 M.J. 333, 2011 CAAF LEXIS 680
CourtCourt of Appeals for the Armed Forces
DecidedAugust 15, 2011
DocketNo. 11-0615/AR
StatusPublished
Cited by2 cases
This text of 70 M.J. 333 (United States v. Nealy) 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. Nealy, 70 M.J. 333, 2011 CAAF LEXIS 680 (Ark. 2011).
Opinion
CCA 20100654. Review granted on the following issues:
I. APPELLANT WAS CHARGED WITH COMMUNICATING A THREAT UNDER ARTICLE 134, BUT WAS CONVICTED PURSUANT TO HIS PLEA OF USING PROVOKING SPEECH IN VIOLATION OF ARTICLE 117. IN LIGHT OF UNITED STATES v. JONES, 68 M.J. 465 (2010) CAN THE CONVICTION BE SUSTAINED?
II. WHETHER AN ARTICLE 134 CLAUSE 1 OR 2 SPECIFICATION THAT FAILS TO EXPRESSLY ALLEGE EITHER POTENTIAL TERMINAL ELEMENT STATES AN OFFENSE UNDER THE SUPREME COURT’S HOLDINGS IN UNITED STATES v. RESENDIZ-PONCE AND RUSSELL v. UNITED STATES, AND THIS COURT’S RECENT OPINIONS IN MEDINA, MILLER, AND JONES.
Briefs will be filed under Rule 25 on Issue I only.
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Related
United States v. Nealy
71 M.J. 73 (Court of Appeals for the Armed Forces, 2012)
Cite This Page — Counsel Stack
Bluebook (online)
70 M.J. 333, 2011 CAAF LEXIS 680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-nealy-armfor-2011.