United States v. Anthony D. Grafton — CAAF (May 20, 2026)
The Court of Appeals for the Armed Forces examines a Navy sailor's sexual-assault conviction. Trial testimony described a friend finding him with an apparently unconscious woman on a barracks-elevator floor after an evening of drinking. Prosecutors charged the same encounter in two ways: a sexual act without consent, and a sexual act with someone too intoxicated to consent. A court-martial panel found him guilty under both theories. The trial judge conditionally set aside the intoxication-based finding, and the panel sentenced him only on the other. The Navy-Marine Corps appeals court later set aside that remaining conviction, reinstated the dismissed one, and reassessed the sentence. This argument asks whether the trial instructions improperly blurred the two theories, and whether appellate judges could determine punishment for a charge that had never received a sentence.
United States v. Anthony D. Grafton (No. 26-0039/NA) — United States Court of Appeals for the Armed Forces, argued May 20, 2026.
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