United States v. Meeks

I agree with the majority opinion’s conclusion that the instruction on physical inability was not required in this case. However, I am unable to base my conclusion on this Court’s out-dated opinion in United States v. Latsis, 5 USCMA 596, 18 CMR 220 (1955). Latsis was decided at a time when the Government was required to prove the accused’s mental responsibility beyond a reasonable doubt. Today, however, the accused must demonstrate “by clear and convincing evidence” that he is not mentally responsible. United States v. Lilly, 25 MJ 403, 406 n. 4 (CMA 1988); Art. 50a, Uniform Code of Military…