U.S. v. Yarbrough, 55 M.J. 353

Trial Stages: Appeals: Preservation of Error / Plain Error

1. where appellant made no objection to prosecution exhibit containing medical records of appellant’s substance abuse evaluation offered as part of the prosecution’s case-in-chief on sentencing, the burden rested upon appellant to show that error occurred as part of the plain error analysis
2. where Air Force Court of Criminal Appeals determined that Air Force Instruction did not prohibit use of appellant’s substance abuse information where appellant did not “self-identify”, Court of Appeals for the Armed Forces adopted this determination as reasonable and held that appellant failed to sustain his burden of showing error so as to justify application of plain error doctrine

Miscellaneous Matters: Statutes, Treaties, Regulations, Executive Orders, Directives, etc.: Regulations

1. where appellant’s challenge called for a legal construction of an Air Force Instruction, Court of Appeals for the Armed Forces adopted the Court of Criminal Appeals’ "reasonable" construction of the instruction, citing to cases indicating that the Court of Appeals for the Armed Forces will defer to a service court’s construction of its own regulations
2. it is generally understood that the more specific provisions of a regulation prevail over the more general
3. where Air Force Court of Criminal Appeals determined that Air Force Instruction did not prohibit use of appellant’s substance abuse information where appellant did not "self-identify", Court of Appeals for the Armed Forces adopted this determination as reasonable and held that appellant failed to sustain his burden of showing error so as to justify application of plain error doctrine