Legal Opinion
United States v. Riggins
Court of Appeals for the Armed Forces
Decided January 7, 2016No. 15-0334/MCPublishedCited by 21 opinions
1Opinion of the Court
Judge OHLSON
delivered the opinion of the Court. 1
We granted review in this case to determine whether assault consummated by a battery, Article 128, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 928 (2012), is a lesser included offense of sexual assault and abusive sexual contact, Article 120, UCMJ, 10 U.S.C. § 920 (2012). We conclude that the former offense was not a lesser included offense of the latter offenses under the particular circumstances presented in the instant case. Specifically, we hold that the Article 120, UCMJ, offenses with which Appellant was originally charged did…
2Cases cited20 opinions
- Schmuck v. United StatesSupreme Court of the United States · 1989
- Mitchell v. EsparzaSupreme Court of the United States · 2003
- United States v. MedinaCourt of Appeals for the Armed Forces · 2008
- United States v. GirouardCourt of Appeals for the Armed Forces · 2011
- United States v. TunstallCourt of Appeals for the Armed Forces · 2013
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3Cited by21 opinions
- United States v. AtchakCourt of Appeals for the Armed Forces · 2016
- United States v. OliverCourt of Appeals for the Armed Forces · 2017
- United States v. ClifftU S Coast Guard Court of Criminal Appeals · 2018
- United States v. WeiserU S Coast Guard Court of Criminal Appeals · 2020
- United States v. ArmstrongCourt of Appeals for the Armed Forces · 2018
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