United States v. Goodwin

DECISION

CARPARELLI, Judge:

This case raises the question of whether, during the sentencing portion of the trial, the prosecution may, despite objection by the defense, submit derogatory information from the accused’s personnel records without also submitting favorable information contained in those records. We find that, when the defense makes a proper objection, the prosecution must either submit the favorable information as a government exhibit or withdraw the derogatory information.

The appellant pled guilty and was convicted of leaving his place of duty without authority, dereliction of…