United States v. Owens
This text of 76 M.J. 168 (United States v. Owens) 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.
Opinion
CCA 38834, On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue:
[169]*169WHETHER THE COURT OF CRIMINAL APPEALS VIOLATED APPELLANT’S FIFTH AMENDMENT RIGHT AGAINST DOUBLE JEOPARDY WHEN IT AFFIRMED A CONVICTION FOR THE LESSER-INCLUDED OFFENSE OF SEXUAL ASSAULT BY BODILY HARM, WHEN APPELLANT WAS CHARGED WITH THAT SAME OFFENSE AT TRIAL AND ACQUITTED BY A PANEL OF OFFICERS.
The decision of the United States Air Force Court of Criminal Appeals is reversed as to Specification 4 of Charge II. The finding of guilty as to that specification is sét aside, and the specification is dismissed. The remaining findings are affirmed. The record is returned to the Judge Advocate General of the Air Force for remand to the Court of Criminal Appeals. That court may reassess the sentence baséd on the affirmed findings.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
76 M.J. 168, 2017 CAAF LEXIS 261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-owens-armfor-2017.