Here is another Fasler trailer. Until Fasler is resolved the prosecution should be pleading in accordance with the issue in Fasler – what’s the harm – it’s a few extra words.
WHETHER AN ARTICLE 134 CLAUSE 1 OR 2 SPECIFICATION THAT FAILS TO EXPRESSLY ALLEGE EITHER POTENTIAL TERMINAL ELEMENT STATES AN OFFENSE UNDER THE SUPREME COURT’S HOLDINGS IN UNITED STATES v. RESENDIZ-PONCE AND RUSSELL v. UNITED STATES, AND THIS COURT’S RECENT OPINIONS INMEDINA, MILLER, AND JONES.