United States v. Riley

Appellant was charged with the premeditated murder of her baby (Article 118(1), UCMJ, 10 USC § 918(1)), but the members found her guilty of the unpremeditated murder of this newborn. Article 118(2), UCMJ. The Court of Criminal Appeals, in its first decision in this case, set aside appellant’s conviction for unpremeditated murder based on the factual insufficiency of the evidence of her intent to kill. 47 MJ 603 (1997). It affirmed a conviction of a lesser offense of involuntary manslaughter, in violation of Article 119, UCMJ, 10 USC § 919, based on her culpably negligent conduct in…