United States v. Morales

OPINION OF THE COURT

Cook, Judge:

Reviewing accused’s conviction of two drug offenses, the Army Court of Military Review determined that prosecution exhibits indicating previous misconduct by the accused "did not qualify as official records” and were, therefore, legally inadmissible. United States v Morales, 49 CMR 458, 461 (ACMR 1974). Although the entire court agreed that the inadmissible evidence resulted in a "more severe” sentence than the court-martial would have imposed had the improper evidence not been before it, a majority refused relief to the accused because at trial defense counsel…