U.S. v. Garren, 53 M.J. 142

Trial Stages: Merits: Argument

1. trial counsel’s opening and closing comments, that appellant was an NCO who did not take responsibility for his actions, called attention to inconsistencies in appellant’s statements to criminal investigators and were fair comment upon what trial counsel expected the evidence to show and what he was in fact required to show to establish guilt beyond a reasonable doubt in a trial that dealt with appellant’s lies about his criminal responsibility

Trial Stages: Sentence and Punishment: Argument

1. trial counsel’s sentencing comment that appellant did not accept responsibility for his conduct was fair comment upon the evidence, the charges, and appellant’s unsworn statement

Trial Stages: Appeals: Preservation of Error / Plain Error

1. appellant failed to meet his burden to establish that trial counsel’s arguments amounted to plain or obvious error materially prejudicing his substantial rights where: (1) opening and closing statements were fair comment upon what trial counsel expected the evidence to show and what he was in fact required to show to establish guilt beyond a reasonable doubt in a trial that dealt with appellant’s lies about his criminal responsibility; (2) sentencing argument was fair comment upon the evidence, the charges, and appellant’s unsworn statement; (3) the evidence was overwhelming; and (4) there was adequate evidence on the record to reject appellant’s explanation for his conduct