Legal Opinion · Concurrence

United States v. Sergeant JARED D. HERRMANN

Army Court of Criminal Appeals

Decided April 18, 2016No. ARMY 20131064Published

1ConcurrenceWolfe, J.

In United States v. Gutierrez, our superior court addressed a case of aggravated assault under Article 128, UCMJ, involving sex that included the undisclosed risk of transmission of human immunodeficiency virus (HIV). 74 M.J. 61 (C.A.A.F.2015). The, Court of Appeals for the Armed Forces (C.A.AF.) noted that prosecutors lacked a specific punitive article addressing such misconduct and have instead “relied on generally applicable punitive articles to litigate these cases.” Id. at 67. Our superior court analogized charging such conduct under aggravated assault as trying to “fit a round peg of…

2Cases cited4 opinions

  1. United States v. PeaseCourt of Appeals for the Armed Forces · 2016
  2. United States v. GutierrezCourt of Appeals for the Armed Forces · 2015
  3. United States v. JosephUnited States Court of Military Appeals · 1993
  4. United States v. Sergeant JARED D. HERRMANNArmy Court of Criminal Appeals · 2016

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