United States v. Moore, decided 28 October 2010. Appellant alleges, inter alia, that assault with intent to commit rape is not a lesser-included offense of rape under United States v. Jones, 68 M.J. 465 (C.A.A.F. 2010) and that his conviction should be set aside. We agree, and provide relief in our decretal paragraph. Because we…
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I happened to have business at MDW today so I stopped by to take LTC Lakin’s pulse for his upcoming court-martial and watch today’s Article 39(a), UCMJ, session. The writ was denied today. A straight line standard denial [thanks to CAAFLog for a copy]. 1. Mr. Jensen was excused from further participation in the case…
Continue reading ›Here is an interesting Order in United States v. Aguilar where the court has specified an issue. Whether assault consummated by a battery in violation of Article 128, UCMJ, 10 U.S.C. § 928, of which the appellant was convicted, is a lesser included offense of the charged Rape by Use of Physical Violence in violation…
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