Legal Opinion

United States v. Hensler

U.S. Navy-Marine Corps Court of Military Review

Decided August 30, 1994No. NMCM 92 00485PublishedCited by 3 opinions

1Opinion of the Court

LARSON, Chief Judge:

This appeal presents the question of whether the military judge was required to instruct the members on involuntary intoxication as a basis for the defense of lack of mental responsibility. We find that, while *894involuntary intoxication is a recognized basis for lack of mental responsibility under military law, in this case there was insufficient evidence to trigger the duty to instruct the members on this particular defense. Accordingly, we find that the military judge did not err, and we affirm.

Contrary to her pleas, the appellant was convicted of six separate incidents of…

2Cases cited23 opinions

  1. Francina King v. United StatesCourt of Appeals for the D.C. Circuit · 1967
  2. United States v. FrederickUnited States Court of Military Appeals · 1977
  3. United States v. McClainUnited States Court of Military Appeals · 1986
  4. City of Minneapolis v. AltimusSupreme Court of Minnesota · 1976
  5. United States v. SteinruckUnited States Court of Military Appeals · 1981

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3Cited by3 opinions

  1. United States v. HenslerCourt of Appeals for the Armed Forces · 1996
  2. United States v. MacDonaldCourt of Appeals for the Armed Forces · 2014
  3. United States v. HenslerCourt of Appeals for the Armed Forces · 1996

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