United States v. Halpin

ERDMANN, Judge, with whom EFFRON, Senior Judge,

joins (dissenting):

As I would find that trial counsel’s improper argument constituted plain error that was prejudicial to Halpin’s substantial rights, I respectfully dissent from the majority opinion.

Background

At a special court-marital with members, Halpin entered guilty pleas to all of the offenses with which he was charged. For purposes of this appeal, Halpin admitted guilt to reckless endangerment in violation of *481Article 134, UCMJ, 10 U.S.C. § 934 (2006). During sentencing arguments, trial counsel initially urged the members to sentence…