U.S. v. Tualla, 52 M.J. 228

Trial Stages: Sentence and Punishment: Lawfulness of Sentence

1. RCM 1003(b)(3) does not prevent the combination of fines and forfeitures at special and summary courts-martial, so long as the combined total does not exceed the amount of the maximum forfeitures that could be adjudged at such a court

Trial Stages: Appeals: Generally

1. under stare decisis, adherence to precedent is the preferred course because it promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial system; but stare decisis need not be applied when precedent is unworkable or badly reasoned

Trial Stages: Appeals: Court of Appeals for the Armed Forces

1. decisions of the Court of Appeals for the Armed Forces designed to guide the conduct of further proceedings are binding and preclude the lower courts from actions which are contrary to those decisions

Miscellaneous Matters: Manual for Courts-Martial: Generally

1. for purposes of interpreting the Manual, Executive acquiescence in the Court’s interpretation of a provision over an extended period of time is entitled to great weight in light of the relative ease with which the Manual can be amended