U.S. v. Shelton, 62 M.J. 1

Core Criminal Law Subjects: Crimes: Article 81 - Conspiracy Pre-2019 offenses

1. appellant’s conviction for conspiracy to commit unpremeditated murder cannot be affirmed on appeal because the military judge’s instructions authorized the members to base the conviction on a finding of an intent to inflict great bodily harm; if the intent of the parties to the agreement was limited to the infliction of great bodily harm, their agreement was to commit aggravated assault, not unpremeditated murder

Trial Stages: Merits: Instructions › Generally

1. appellant’s conviction for conspiracy to commit unpremeditated murder cannot be affirmed on appeal because the military judge’s instructions authorized the members to base the conviction on a finding of an intent to inflict great bodily harm; if the intent of the parties to the agreement was limited to the infliction of great bodily harm, their agreement was to commit aggravated assault, not unpremeditated murder

Trial Stages: Appeals: Harmless / Prejudicial Error

1. even assuming that defense-requested witnesses possessed information relevant and necessary under RCM 703(b)(1) to demonstrate that appellant’s roommate had the motive and opportunity to kill the same person that appellant was charged with killing, and that appellant was entitled to their production, any error in denying their production was harmless beyond a reasonable doubt where the government’s case against appellant was very strong, to include detailed testimony from appellant’s co-actor that was corroborated by physical evidence and other testimony, and where the defense was unable to provide any reasonable explanation as to why appellant’s co-actor would substitute appellant for his roommate as his co-actor