Army Court of Criminal Appeals
United States v. Alsobrooks. The court finds the MJ erred in
United States v. Gloverstukes. An Article 62 appeal. The military judge had dismissed two allegations of assault because they failed to state an offense under Article 128b (DV). They
did not expressly allege that appellant committed a "violent offense" against his intimate partner, they failed to state an offense. The specifications alleged:
ACCA finds the MJ erred. See United States v. Heng, No. ARMY 20210404, 2022 CCA LEXIS 377 (A. Ct. Crim. App. Jun. 24, 2022) (unpub.) for a discussion of the maximum sentence for 128b v. 128.
Donald G Rehkopf, Jr.
The Alsobrooks case is yet another missed opportunity to clarify a muddy outright legal fiction. MRE 803(2), the so-called "Excited Utterance" exception is nothing more than a legal fraud perpetuated by Prof. Wigmore a century ago.
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