Court of Appeals for the Armed Forces April 14, 2011, 11-5001/AF (United States v. McMurrin)

BAKER, Judge

(dissenting):

I adhere to my dissent in United States v. Girouard, 70 M.J. at 12 (C.A.A.F.2011) (Baker, J., dissenting). First, for the reasons stated in my dissents in Girouard and in United States v. Jones, 68 M.J. 465, 473 (C.A.A.F.2010) (Baker, J., dissenting), negligent homicide was an LIO of involuntary manslaughter at the time of Appellee’s trial and, in my view, it remains so.