United States v. Smith

The majority overlooks how offenses involving “military property” are pled; ignores the referral order of the convening authority; penalizes the bench and bar for following our precedent; jettisons prior precedent as to parallels between the military and Federal Rules of Criminal Procedure; and overlooks the changes to Article 32(d), UCMJ, 10 USC § 32(d).

Overlooks pleadings. A sample specification as amended in this case is as follows:

In that Senior Airman James A. Smith, United States Air Force, 100th Comptroller Squadron, RAF Mildenhall, United Kingdom, did, at RAF Mildenhall, United…