United States v. Fosler

I respectfully dissent for three reasons. First, as discussed in Part I, this case presents a straightforward application of Rule for Courts-Martial (R.C.M.) 307. The text of the specification, which referenced wrongful adulterous conduct on a date certain with a person certain, necessarily implied the terminal element of Article 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 934 (2006). The Manual for Courts-Martial, United States (2008 ed.) (MCM) expressly states so. Military practice consistently provides so. And, this Court’s case law has always concluded so.

Second, as…