Legal Opinion · Concurring in part, dissenting in part

United States v. Hensler

Court of Appeals for the Armed Forces

Decided July 12, 1996No. 95-0140; CMR No. 92-0485Published

1Concurring in part, dissenting in partSullivan, Judge

I agree with the majority that the military judge’s instructions taken as a whole were sufficient in this case. However, I disagree with the majority opinion when it states: “We disagree with the court below that involuntary intoxication was not raised as to the *189first episode of drinking and fraternization that occurred in late June of 1990 with ATC Hoerr (specification 3 of the Charge).” 44 MJ at 188.

Curiously, the majority states no reason for its disagreement with the court below. On this question, I would agree with the court below and its detailed, reasoned analysis of this issue, as…

2Cases cited2 opinions

  1. United States v. FoleyU.S. Navy-Marine Corps Court of Military Review · 1981
  2. United States v. HenslerU.S. Navy-Marine Corps Court of Military Review · 1994

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