United States v. Lirley

CCA 201000502. Review granted on the following issue:

A SPECIFICATION STATES AN OFFENSE ONLY IF IT ALLEGES EITHER EXPRESSLY OR BY IMPLICATION, EVERY ELEMENT OF THE OFFENSE. THE “TERMINAL ELEMENT” OF ARTICLE 134, UCMJ, IS AN ELEMENT OF THE OFFENSE THAT MUST BE PROVED BEYOND A REASONABLE DOUBT. SPECIFICATIONS 1, 2, AND 3 OF THE CHARGE DO NOT ALLEGE THE TERMINAL ELEMENT OF ARTICLE 134, UCMJ. DO THE SPECIFICATIONS FAIL TO STATE AN OFFENSE?

No briefs will be filed under Rule 25.