The CAAF has issued an opinion in United States v. Wilkins.

Judge STUCKY delivered the opinion of the Court. We granted review in this case to determine whether Appellant’s right to due process of law was violated when he was convicted for abusive sexual contact as a lesser included offense (LIO) of aggravated sexual assault. We hold that abusive sexual contact is not an LIO of aggravated sexual assault in this case, but Appellant was not prejudiced by the error. We therefore affirm the judgment of the United States Navy-Marine Corps Court of Criminal Appeals (CCA).

One Response to “CAAF decides Wilkins”

  1. Zachary Spilman says:

    Someone once said:

    I expect that early in the oral argument the court will ask the Appellant’s counsel to explain what part of the Appellant’s case would have been different had the Government properly charged a violation of Article 120(h), and why the Government should be required to conduct a second trial – seemingly identical to the first in nearly all respects – in order to convict the Appellant of this offense. This question is a serious bar to relief for the Appellant in this case.