United States v. Major CARL W. AXELSON, JR.

How courts have described this case

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

• holding that although partial mental responsibility or “diminished capacity” is not an affirmative defense, under R.C.M. 916(k)(2) it can still be offered to negate a required mens rea element of an offense
• to prove a specific intent offense the government must prove beyond a reasonable doubt “that the accused must have acted with the specific purpose of violating the law.” (internal citation and quotations omitted)
• “Aggravated as- sault with a dangerous weapon or other means or force likely to produce death or grievous bodily harm (as defined in the UCMJ) is an offense that does not include a specific intent mens rea element, but includes a physical compo- nent.”

Source: CourtListener parenthetical corpus (CC0).