United States Court of Appeals For The Armed Forces, 2012

United States v. Garner

United States v. Garner
United States Court of Appeals For The Armed Forces · Decided April 18, 2012
71 M.J. 301; 2012 CAAF LEXIS 422
United States v. Garner

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

CCA 20080401. Review granted on the following issues:

WHETHER THE MILITARY JUDGE ERRED WHEN SHE FAILED TO GIVE THE NECESSARY INSTRUCTIONS ON SENTENCE RECONSIDERATION.
WHETHER THE ARMY COURT OF CRIMINAL APPEALS ERRED WHEN IT HELD THAT SPECIFICATION 1 OF CHARGE II STATES AN OFFENSE EVEN THOUGH THE GOVERNMENT DID NOT ALLEGE THE TERMINAL ELEMENT, EITHER EXPRESSLY OR BY NECESSARY IMPLICATION, AS REQUIRED BY UNITED STATES v. FOSLER, 70 M.J. 225 (C.A.A.F. 2011).

Briefs will be filed under Rule 25 on Issue I only.

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