United States v. Jones

I agree with the majority opinion that “[t]he due process principle of fair notice mandates that ‘an accused has a right to know what offense and under what legal theory’ he will be convicted; an LIO [lesser included offense] meets this notice requirement if ‘it is a subset of the greater offense alleged.’ ” United States v. Jones, 68 M.J. at 468 (C.A.A.F.2010) (quoting United States v. Medina, 66 M.J. 21, 26-27 (C.A.A.F.2008)). I also agree that “‘[t]he Constitution requires that an accused be on notice as to the offense that must be defended against, and that only lesser included offenses…