CAAF’s opinion in Morton, No. 09-0185/AR, is available here.
Judge Baker writes for a unanimous court. Here’s the bottom line:
The granted issue tests the continuing vitality, of the so-called “closely related offense” doctrine. In light of the abiding principle of fair notice to an accused, we hold that this doctrine, as currently relied upon by appellate courts in upholding guilty pleas in the military justice system, is no longer viable.