On Monday, the Supremes docketed (No. 11-1394) this cert petition seeking review of CAAF’s decision in United States v. Ballan, 71 M.J. 28 (C.A.A.F. 2012).  Here’s the QP:  “When a charge omits an element of the offense, must it be dismissed, or may such an error instead be excused after a court tests for prejudice?”

Comments are closed.