United States v. Robbins

52 M.J. 159 (1999)

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United States v. Robbins

United States Court of Appeals for the Armed Forces
52 M.J. 159 (1999)

Facts

Gregory L. Robbins (defendant) severely beat his wife, who was 34 weeks pregnant, injuring her and causing the death of her unborn baby. The Uniform Code of Military Justice (UCMJ) did not contain a provision prohibiting the killing of an unborn child; however, an Ohio statute recognized the offense of involuntary manslaughter by unlawfully terminating the pregnancy of another. Robbins was tried by a general court-martial and pleaded guilty to violating the Ohio manslaughter statute as assimilated into Article 134 of the UCMJ by the Federal Assimilative Crimes Act. The Court of Criminal Appeals affirmed the conviction. Robbins appealed, arguing that the preemption doctrine prohibited the assimilation of the Ohio statute into Article 134 and that he had therefore pleaded guilty to an offense that was not recognized by military law.

Rule of Law

Issue

Holding and Reasoning (Gierke, J.)

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