United States v. Eslinger

*202ERDMANN, Judge,

with whom EFFRON, Chief Judge, joins (dissenting):

This case involves four issues: (1) whether the Government established sufficient foundation for the testimony of the rebuttal witnesses it called during the sentencing portion of the court-martial; (2) whether that testimony was proper under United States v. Ohrt, 28 M.J. 301 (C.M.A.1989); (3) whether the rebuttal testimony from five senior officers and senior noncommissioned officers from the command structure raised the specter of unlawful command influence; and (4) whether the admission of this testimony was prejudicial. As…