U.S. v. Harris, 53 M.J. 86

Trial Stages: Appeals: Remedies › Generally

1. where disapproval of certain offenses reduced the maximum period of confinement from life to 18 months, such a vast disparity between the maximum punishments for the offenses dismissed and those affirmed made it impossible for a court to ascertain that appellant’s sentence would have been no greater than a bad-conduct discharge and ten months confinement absent the dismissed offenses; this case presents one of those occasions when the only fair course of action is to have an accused resentenced at the trial level

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

1. a sentence reassessment is reviewed for abuse of discretion; a lower court’s reassessment will only be disturbed to prevent obvious miscarriages of justice or abuses of discretion