CAAF has decided United States v. Fosler, and potentially the “trailer park,” alluded to by CAAFLog.
The actual application to the other cases may not be so simple.
In a contested case in which Appellant challenged the charge and specification at trial, the inclusion of
“Article 134” in the charge does not imply the terminal element.
In a guilty plea case the accused admits many things. But in Fosler the accused contested the charge and had made a motion to dismiss.