United States v. Clifton, __ M.J. __, No,. 1332 (C.G. Ct. Crim. App. March 9, 2011), available here. Chief Judge McClelland wrote for a unanimous panel.
The Court holds that under Jones, indecent acts under Article 120(k) isn’t an LIO of aggravated sexual assault under Article 120(c). The Coast Guard Court held that being charged with aggravated sexual assault didn’t place the accused on notice to defend against the elements of indecent acts. The court rejected the Government’s argument that Congress intended every offense under the new Article 120 to “be in an LIO relationship with other offenses therein.” While there was no objection, the court held that the military judge committed plain error by instructing on indecent acts as an LIO.