United States v. Zachary

Chief Judge GIERKE

delivered the opinion of the Court.

Pursuant to Article 67(a)(2), Uniform Code of Military Justice (UCMJ), 1 the Judge Advocate General of the Army certified to this Court this issue:

WHETHER THE UNITED STATES ARMY COURT OF CRIMINAL APPEALS ERRED WHEN IT FOUND THAT THE MISTAKE OF FACT DEFENSE WAS AVAILABLE TO SERGEANT SAMUEL D. ZACHARY AGAINST A CHARGE OF INDECENT ACTS WITH A CHILD (ARTICLE 134, UCMJ), WHICH IS CONTRARY TO THE HOLDING OF UNITED STATES V. STRODE, 43 M.J. 29 (C.A.A.F.1995).

At its core, this certified issue asks us to determine whether an honest and reasonable…