U.S. v. Norwood, 71 M.J. 204

Core Criminal Law Subjects: Crimes: Article 80 - Attempts Pre-2019 offenses

1. in order to state the elements of an inchoate offense under Articles 80 and 81, UCMJ, a specification is not required to expressly allege each element of the predicate offense; in this regard, Article 134 predicate offenses should not be treated differently in pleadings under Article 80 or 81 from the enumerated offenses in Articles 83 through 132
2. a specification expressly alleged the elements of attempted adultery by alleging that appellant, a married man, attempted to commit adultery by having intercourse with the victim, who was not his wife, and he did so by trying to place his penis inside her vagina and have sexual intercourse with her

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

1. in order to state the elements of an inchoate offense under Articles 80 and 81, UCMJ, a specification is not required to expressly allege each element of the predicate offense; in this regard, Article 134 predicate offenses should not be treated differently in pleadings under Article 80 or 81 from the enumerated offenses in Articles 83 through 132
2. it is not essential to the validity of the inchoate charge of conspiracy that the offense that is the object of the agreement be described with technical precision; however, sufficient specificity is required so that an accused is aware of the nature of the underlying target or predicate offense - particularly in the context of an underlying Article 134, UCMJ, offense
3. a specification expressly alleged the elements of conspiracy to obstruct justice by alleging that appellant entered into an agreement with others to commit an offense under the UCMJ, specifically, obstruction of justice into the alleged sexual assault of the victim, and in order to effect that object of the conspiracy, appellant made false statements to an NCIS special agent concerning his involvement and knowledge of the sexual assault of the victim

Trial Stages: Pretrial: Charges and Specifications

1. in order to state the elements of an inchoate offense under Articles 80 and 81, UCMJ, a specification is not required to expressly allege each element of the predicate offense; in this regard, Article 134 predicate offenses should not be treated differently in pleadings under Article 80 or 81 from the enumerated offenses in Articles 83 through 132
2. a charge and specification are sufficient if they, first, contain the elements of the offense charged and fairly inform an accused of the charge against which he must defend, and, second, enable him to plead an acquittal or conviction in bar of future prosecutions for the same offense; a specification is sufficient if it alleges every element of the charged offense expressly or by necessary implication

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. whether a specification is defective and the remedy for such error are questions of law, which an appellate court reviews de novo