Thursday, March 08, 2007

New published ACCA opinion

ACCA released a published opinion today, just the fourth this fiscal year. In United States v. Acosta-Zapata, __ M.J. ___, No. ARMY 20021346 (A. Ct. Crim. App. 8 March 2007), the Army Court held that a military judge erred by refusing to instruct the members that a reasonable and honest mistake of fact as to the child's age can be a defense to indecent acts with a child. But the court concluded that the error was harmless beyond a reasonable doubt.

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