United States v. Lubasky

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the authority to modify a charge through exceptions and substitutions under R.C.M. 918(a)(1) “is directed at the factfinder” and is distinct from the more limited authority of an appellate court to approve a lesser included offense under Article 59(b
• explaining that findings by exceptions and substitutions could not be made on appeal under the law in place at the time
• noting that “variance” and findings by exceptions and substitutions pursuant to R.C.M. 918 occur at trial, not the appellate level
• indicating that our review is limited to the facts alleged in the specification and the findings of the panel, specifically considering whether any exceptions or substitutions had been made
• noting use of a debit card can constitute larceny of money from the owner of the bank account
• noting use of a debit card can constitute larceny of money from the owner of the bank account

Source: CourtListener parenthetical corpus (CC0).