U.S. v. Scalarone, 54 M.J. 114

Core Criminal Law Subjects: Burdens, Standards, Presumptions, Inferences: Trial Burdens, Standards › Pretrial Punishment

1. failure to request sentence credit for unlawful pretrial punishment or illegal pretrial confinement at trial does not forfeit such a claim in the absence of plain error or waive such a claim forever

Trial Stages: Pretrial: Pretrial Confinement

1. failure to request sentence credit for unlawful pretrial punishment or illegal pretrial confinement at trial does not forfeit such a claim in the absence of plain error or waive such a claim forever

Trial Stages: Pretrial: Pretrial Punishment

1. failure to request sentence credit for unlawful pretrial punishment or illegal pretrial confinement at trial does not forfeit such a claim in the absence of plain error or waive such a claim forever

Trial Stages: Sentence and Punishment: Credits

1. failure to request sentence credit for unlawful pretrial punishment or illegal pretrial confinement at trial does not forfeit such a claim in the absence of plain error or waive such a claim forever

Trial Stages: Appeals: Courts of Criminal Appeals › Generally

1. Court of Criminal Appeals did not err in following decision of Court of Appeals for the Armed Forces where neither the Supreme Court nor the Court of Appeals for the Armed Forces had overruled the decision, nor had there been any subsequent change in the law affecting that decision

Trial Stages: Appeals: Waiver

1. United States v. Huffman, 40 MJ 225 (CMA 1994), providing that an issue of illegal pretrial confinement not raised at trial may be raised for the first time on appeal, was not shown to be either unworkable or badly reasoned, and therefore would not be overruled
2. failure to request sentence credit for unlawful pretrial punishment or illegal pretrial confinement at trial does not forfeit such a claim in the absence of plain error or waive such a claim forever