United States Court of Appeals For The Armed Forces, 2012

United States v. Toussant

United States v. Toussant
United States Court of Appeals For The Armed Forces · Decided May 14, 2012
71 M.J. 319; 2012 CAAF LEXIS 586
United States v. Toussant

Opinion of the Court

CCA 20090839. 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 THE SPECIFICATION OF CHARGE III CANNOT BE NECESSARILY IMPLIED FROM THE TEXT. IS THE CHARGE FATALLY DEFECTIVE?

No briefs will be filed under Rule 25.

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