Another one.

No. 09-0185/AR.  U.S. v. Makisha I. MORTON.  CCA 20060458.  Review granted on the following issue:

WHETHER, AFTER FINDING THE EVIDENCE FACTUALLY INSUFFICIENT TO SUPPORT A FINDING OF GUILTY TO THE ADDITIONAL CHARGE AND ITS SPECIFICATION (FORGERY), THE ARMY COURT ERRED IN FINDING APPELLANT GUILTY OF A LESSER INCLUDED OFFENSE ON A THEORY NOT PRESENTED TO THE TRIER OF FACT.

The court might consider the resolution in United States v. Thompson, 67 M.J. 106 (C.A.A.F. 2009).

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