United States Court of Appeals For The Armed Forces, 2012

United States v. Covington

United States v. Covington
United States Court of Appeals For The Armed Forces · Decided March 27, 2012
71 M.J. 199; 2012 CAAF LEXIS 360
United States v. Covington

Opinion of the Court

CCA 20090877. 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. THE MISSING TERMINAL ELEMENT FROM SPECIFICATIONS 1, 2, AND 3 OF CHARGE IV CANNOT BE NECESSARILY IMPLIED FROM THE TEXT. ARE THE SPECIFICATIONS FATALLY DEFECTIVE?

Briefs will be filed under Rule 25.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.