United States v. Kitching

DECISION

LEWIS, Judge:

Appellant pleaded guilty to wrongful use of marijuana on divers occasions and wrongful possession of marijuana. Issues arising during the sentencing portion of the trial and in the post-trial process have formed the basis for three assignments of error, stated in the following question formats:

I

DID THE TRIAL COUNSEL IMPROPERLY CROSS-EXAMINE A DEFENSE CHARACTER WITNESS WITH SUGGESTIVE QUESTIONS ALLEGING SERIOUS UNCHARGED MISCONDUCT ON THE PART OF THE APPELLANT?

II

DID TRIAL COUNSEL’S REQUEST FOR AN ADDITIONAL INSTRUCTION, MADE IN THE PRESENCE OF THE PANEL MEMBERS, PREJUDICE…