United States v. Stewart

OPINION OF THE COURT

MATHEWS, Judge:

The appellant was convicted by a general court-martial, contrary to his pleas, of rape and adultery,1 in violation of Articles 120 and 134, UCMJ, 10 U.S.C. §§ 920, 934.2 He was sentenced by a panel of officer and enlisted members to confinement for 30 months and reduction to the grade of E-5. The convening authority approved the findings and sentence as adjudged.

On appeal, the appellant alleges that the prosecution improperly failed to disclose, and the military judge erroneously withheld, relevant exculpatory medical information. The subsequent release of…