Medina holds that military judge’s instruction ignoring language of the new Article 120 is harmless error
In Medina, the military judge essentially ignored the new Article 120 and gave instructions on a consent/substantial incapacity issue in accordance with the old Article 120. In today’s Medina decision, CAAF held that such an instruction was error, but harmless. United States v. Medina, __ M.J. __, No. 10-0262/MC (C.A.A.F. March 10, 2011). Judge Erdmann wrote for a majority including Chief Judge Effron and Judge Ryan. Judge Baker, joined by Judge Stucky, concurred separately.