U.S. v. Taylor, 51 M.J. 390

Trial Stages: Appeals: Courts of Criminal Appeals › Generally

1. Courts of Criminal Appeals may exercise their discretion to cure the prejudicial impact of error by reassessing the sentence if that court can say with confidence that the sentence would have been at least of a certain magnitude even though the sentence reassessing authority may not be able to determine with precision the exact sentence that would have been adjudged absent the error

Trial Stages: Appeals: Remedies › Sentence reassessment

1. Courts of Criminal Appeals may exercise their discretion to cure the prejudicial impact of error by reassessing the sentence if that court can say with confidence that the sentence would have been at least of a certain magnitude even though the sentence reassessing authority may not be able to determine with precision the exact sentence that would have been adjudged absent the error
2. based upon the original charges and facts of this case, Court of Criminal Appeals did not abuse its discretion by reassessing sentence to cure the prejudicial impact of error and determining that the minimum sentence would have at least included a punitive discharge

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. lower court’s reassessment of a sentence to cure the prejudicial impact of error is reviewed for abuse of discretion