United States v. Robbins

OPINION OF THE COURT

SNYDER, Senior Judge:

The primary issue we decide in this case is whether the Ohio fetal homicide statute may be prosecuted as a violation of Article 134, UCMJ, via the federal Assimilative Crimes Act (ACA), 18 U.S.C. § 13. We hold, yes.

Appellant was convicted by a military judge sitting as a general court-martial, pursuant to his pleas, of committing a battery on his pregnant wife, KAR, intentionally inflicting grievous bodily harm on KAR, and committing involuntary manslaughter by unlawfully causing the termination of KAR’s pregnancy, wherein the 34-week-old fetus,…