Court of Appeals for the Armed Forces

10/11/2023

Tuesday, October 10, 2023

Order Granting Petition for Review

No. 23-0210/AR. U.S. v. Isac D. Mendoza. CCA 20210647. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is granted on the following issue:

WHETHER APPELLANT'S CONVICTION FOR SEXUAL ASSAULT WITHOUT CONSENT WAS LEGALLY SUFFICIENT.

Scott

10/11/2023 17:22:35

The Army Cout opinion contains good background on the case:

https://www.jagcnet.army.mil/ACCALibrary/cases/opinion/file/827

A split opinion where the dissenting judge would have found factual and legal insufficiency. The heart of thr issue seems to be that the Government charged a lack of consent but the evidence focused on inability to consent due to intoxication.

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