United States v. Simmons

Opinion of the Court

CRAWFORD, Judge:

Pursuant to his pleas, appellant was convicted of assault (4 specifications), aggravated assault, and kidnapping, in violation of Articles 128 and 134, Uniform Code of Military Justice, 10 USC §§ 928 and 934, respectively. The convening authority approved the sentence of a bad-conduct discharge, 3 years’ confinement, and total forfeitures. The Court of Criminal Appeals affirmed the findings and the sentence. 44 MJ 819 (1996).

We granted review of the following issue:

WHETHER THE MILITARY JUDGE ERRONEOUSLY REFUSED TO INSTRUCT THE COURT MEMBERS ON THE…