United States v. Reece

71 M.J. 161, 2012 CAAF LEXIS 211
CourtCourt of Appeals for the Armed Forces
DecidedFebruary 22, 2012
DocketNo. 11-0454/AR
StatusPublished

This text of 71 M.J. 161 (United States v. Reece) 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. Reece, 71 M.J. 161, 2012 CAAF LEXIS 211 (Ark. 2012).

Opinion

CCA 20100448. 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. [162]*162THE MISSING TERMINAL ELEMENT FROM THE SPECIFICATION OF CHARGE III CANNOT BE NECESSARILY IMPLIED FROM THE TEXT. IS THE CHARGE FATALLY DEFECTIVE?

No briefs will be filed under Rule 25.

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Bluebook (online)
71 M.J. 161, 2012 CAAF LEXIS 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-reece-armfor-2012.