Court Holds Negligent Homicide Not a Lesser Offense (LIO) of Premeditated Murder

The Military Appellate Court in United States v. Girouard, 70 M.J. 5 (2011),  reversed a negligent homicide conviction finding “negligent homicide is not a LIO of premeditated murder.”  The Court focused on the terminal (art 134) element as lacking in the premeditated murder charge, and thus set aside the conviction because the defense was not on notice of said element which demands a showing of prejudice to good order and discipline or like service discrediting conduct.

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