United States v. Perry
Court of Appeals for the Armed Forces
1Concurring in part, dissenting in partSullivan, Judge
Truth in sentencing promotes justice in a particular case and confidence in the military justice system as a whole. See United States v. Martin, 39 MJ 481, 482-83 (CMA 1994) (Sullivan, J., dissenting) (“Judge not the play before the play is done.”). Quite frankly, the majority opinion violates the principle of truth in sentencing. Ignorant or misinformed juries cannot be expected to do their duty and decide the case before them without a proper understanding and appreciation of the facts in a particular case. Here, it was a statutory (10 USC § 2005) and proven (Comptroller memorandum) fact…
2Cases cited3 opinions
- United States v. GreavesCourt of Appeals for the Armed Forces · 1997
- United States v. BeckerCourt of Appeals for the Armed Forces · 1997
- United States v. MartinUnited States Court of Military Appeals · 1994