U.S. v. Eversole, 53 M.J. 132

Trial Stages: Appeals: Courts of Criminal Appeals › Generally

1. a Court of Criminal Appeals has the jurisdiction, authority, and expertise to reassess court-martial sentences, even after dismissing charges

Trial Stages: Appeals: Remedies › Sentence reassessment

1. when a Court of Criminal Appeals reassesses a sentence due to some error in the proceedings, that court affirms, if it feels it can, only so much of the sentence as would have been imposed at the original trial absent the error; the Court of Appeals for the Armed Forces will not disturb that reassessment, except to prevent obvious miscarriages of justice or abuses of discretion
2. in light of some unique circumstances, Court of Appeals for the Armed Forces set aside Court of Criminal Appeals’ reassessment of a sentence where majority was “at a loss to know how any appellate authority could know, with any degree of certainty, what a trial court would have done regarding the punitive discharge under these circumstances”

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

1. the Court of Appeals for the Armed Forces will not disturb a Court of Criminal Appeals’ reassessment a sentence due to some error in the proceedings, except to prevent obvious miscarriages of justice or abuses of discretion