United States v. Escochea-Sanchez

CCA 201000093. Review granted on the following issue:

WHETHER ARTICLE 120(c) IS UNCONSTITUTIONAL AS APPLIED WHERE: THE MILITARY JUDGE (1) REQUIRED APPELLANT TO PROVE THE AFFIRMATIVE DEFENSES OF CONSENT AND MISTAKE OF FACT AS TO CONSENT BY A PREPONDERANCE OF THE EVIDENCE; (2) DETERMINED THAT THE DEFENSES HAD BEEN PROVED BY A PREPONDERANCE OF THE EVIDENCE; AND THEN (3) FAILED TO DISMISS THE CHARGES SUA SPONTE AS REQUIRED BY RULE FOR COURTS-MARTIAL 917.

No briefs will be filed.