United States v. Goodyear

MAY, Judge:

Appellant was convicted, contrary to his pleas, by special court-martial with officer members of fraternization with, and indecent assault upon, a female seaman recruit in violation of Articles 92 and 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 892, 934. He was sentenced to a bad-conduct discharge from the naval service and reduction to pay grade E-l.

Appellant assigns the following errors:

I

THE SECOND PROSECUTION OF APPELLANT FOLLOWING A DECLARATION OF MISTRIAL AT THE FIRST TRIAL ON GROUNDS OF FLAGRANT, UNPROFESSIONAL AND UNETHICAL ARGUMENT BY THE PROSECUTOR WAS…