United States v. Darisse

I dissent.

*31It is the duty of a law officer of a general court-martial or the president of a special court-martial to instruct, sua sponte, on the elements of all lesser included offenses placed in issue by the evidence. United States v Clark, 1 USCMA 201, 2 CMR 107; United States v Wilson, 7 USCMA 713, 23 CMR 177; United States v Bellamy, 15 USCMA 617, 36 CMR 115; United States v Flippen, 16 USCMA 622, 37 CMR 242. In addition, an accused “is entitled to have presented instructions relating to any defense theory for which there is any foundation in the evidence.” United States v Amie, 7 USCMA…