United States v. Cary

The plain error issue is not unique to military practice. The Rules for Courts-Martial (R.C.M.) are modeled after the Federal Rules of Criminal Procedure, and accordingly, we should follow the guidance provided by our superior court in applying or interpreting our rules. Specifically, we should apply Supreme Court precedent in determining whether we should correct an error not raised at trial. While I initially agreed with the “plain error” standard set forth in United States v. Powell, 49 M.J. 460 (C.A.A.F.1998), upon reflection, I have recognized my mistake and have since followed Supreme…