United States v. Reynolds--ACCA
Reynolds is a To-Catch-A-Predator case, tried before an "enlisted" panel.
Findings: G of attempted sexual assault of a child and attempted sexual abuse of a child.
Sentence: By MJ, five years, RiR, and a DD.
Issues: (1) Abuse of discretion denying motion to compel forensic psychologist, and (2) IAC regarding MJ's instructions (failure to request instruction for mistake of age).
[H]is assignment of error is nearly identical to the issue we addressed last year in United States v. Hunt, ARMY 20200158, 2021 CCA LEXIS 457 (Arm Ct. Crim. App. 9 Sep. 2021) (mem. op.). Hunt was [a similar] ase [to Appellant's].
At best the Appellant could only show "the mere possibility" of assistance--"that is not enough."
First the court addressed waiver when DC answered "none" and "No, Your Honor" when asked counsel about any "additioaal instructions." So, "likely waiver." Regardless, the court addressed the issue as follows.
The instructions the military judge did give resolved this assignment of error.
Findings and sentence affirmed.
Note, this is one of several opinions coming from ACCA using a "cleaned up" cite.
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