U.S. v. Grier, 53 M.J. 30

Trial Stages: Merits: Instructions › Generally

1. the phrase “or intoxicated,” in the context of the descriptive terms preceding that phrase and the totality of all the instructions given on the issue, could only be understood to address intoxication to a degree rendering legal consent impossible; see DA Pam 27-9 at 430, 431 (30 Sep 96)

Trial Stages: Appeals: Preservation of Error / Plain Error

1. to be plain error: (1) there must be an error; (2) the error must be plain (clear or obvious); and (3) the error must materially prejudice the substantial rights of the defendant

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

1. instructional error is reviewed de novo

Trial Stages: Appeals: Waiver

1. failure to object to an instruction before the panel begins deliberation is waiver of the objection in the absence of plain error