This Just In: United States v. Nelson
C.A.A.F. held that defense counsel's affirmative "no objection" to the findings instructions waived any claim that the judge failed to instruct on a reasonably raised defense.
October 25, 2026 · 8 min read
C.A.A.F. — decided 8 October 2026 — Judge Hardy, joined by Chief Judge Maggs and Judges Sparks and Johnson; Judge Ohlson dissenting
Staff Sergeant Onetera G. Nelson was a public health technician at Tyndall Air Force Base, charged with three specifications of negligent dereliction of duty under Article 92 and two false official statements under Article 107, all arising out of food-facility inspections and the reports she filed on them. The defense put on evidence tying her failures to her mental health - an ineptitude theory. No ineptitude instruction was given.
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