U.S. v. Gorence, 61 M.J. 171

Trial Stages: Appeals: Courts of Criminal Appeals › Generally

1. in finding an alternative foundational basis for the government’s rebuttal evidence considered by the military judge at sentencing on the issue of rehabilitation, the court of criminal appeals did not improperly conduct its appellate review by resurrecting excluded evidence

Trial Stages: Appeals: Harmless / Prejudicial Error

1. if there were any error during sentencing in permitting the trial counsel to elicit information concerning appellant’s pre-service drug use from his mother to rebut matters as to which the military judge opened the door, the error was harmless where the trial was by military judge alone, where statements made by the military judge on the record suggested that he did not give significant weight to mother’s speculative testimony that appellant used drugs in high school, and where the military judge recommended that appellant be returned to duty